Apartment gives us 10 days notice to sign a long lease contract (breaking a lease, tenant)

[deepika1977]

Hi,

This apartment is in Plano texas.We signed a lease with the apartment company and the terms were that we signed up for a 3 months lease and then it automatically reverts to a month-month contract. The exact word says "the lease contract begins xx may 2013 and ends xx august 2013. This contract will automatically renew month to month unless either party gives a 60 day written notice of termination or intent to move".

The issue I am facing is that 10 days ago I got a phone call from the apartment office. This apartment was sold to a new company 2 months ago and has totally changed in their attitude. Talking to any of the apartment staff is just calling for more trouble. They call and tell me, we noticed you are month to month and we are doing away with contracts that are month to month. Texas law states you have to be on a contract to lease.

I have been given two options here:

Either renew my lease for 7 months or a year to have the same rate I am paying right now. I am unwilling to do this because we might have bought a house before that.

or

Sign up a new lease every month. They call it a lease extension. It means pay the market rate rent which for the current month puts me at 400$ more than what I pay right now

They basically state it is their rule and we are free to choose whatever or move. They have also told me that they will not accept the rent for the month of march unless I sign a lease contract or extension. what do I do here? what are my options?

I asked for the number to the company and they refused to give it. I just wanted to reinstate the fact that I should have been given more than 10 days to decide my options.

[sware2cod]

They have to give you written notice to move out. Usually it's 30 days notice, sometimes it's 15 or 60 days. Each state can have different laws about how many days notice. But they cannot simply refuse March rent and tell you to be gone in 8 days.

Check the last least you signed. What does it say about the required number of days notice that landlord and tenant must give? They are bound to what is in that lease. If nothing is in there then it defaults to your state's landlord tenant laws.

Sounds like they don't know what they are doing. They are insane to think that you must sign a new lease every month.

They can give you notice to raise the rent. The number of days notice for new rent is usually 30 days but also can be 15 days or 60 days.

Did they send/give you anything in writing about raising the rent for month-to-month? If you don't agree to new rate you can move out. But you still need to be given proper notice period for when the new rent becomes official or you decide to move(30/60,etc).

**I just checked TX landlord tenant law. It says 30 day notice is required for 'termination of lease', unless a different number of days is specified in your written lease.

It looks like TX also requires landlord to give you 30 day notice for raising the rent...tht's 30 das before new rent rate is effective. If you don't want to pay the new rate, you give notice and move.

[STT Resident]

You'll find TX landlord tenant laws linked in the first "sticky" on this forum.

What they're saying seems to be above board unless TX law says differently but where they appear to be misinformed is in demanding that with only 10 days notice they can raise your rent. Regardless of whatever exceptions TX landlord tenant laws allow, this is universally not so with just 10 days written notice.

Read those TX laws.

[deepika1977]

Thanks for taking the time to reply. Did not get anything in writing. Just a phone call. The phone call lasted 2 mins and I was asked to choose then. So I personally went to the apartment office and pleaded that I have a child at school and wouldn't be able to move before June and if they could enforce these rules after may. They told me that everyone has kids and problems and those are the options I have.

It says "No rent increases or Lease contract changes are allowed before the initial Lease contract term ends, except for changes allowed by a written addendum or amendment signed by you and us. if atleast 5 days before the advance notice deadline, we give you written notice of rent increases or lease contract changes effective when the lease contract term or renewal period ends, this lease contract will automatically continue month to month with increased rent or lease contract changes. The new modified lease contract will begin on the date stated in the notice without the necessity of your signature".

[STT Resident]

Please go to TX landlord tenant laws as advised. All advisement of any changes to a lease or a month to month agreement have to be given in writing.

When you go from a lease for whatever term and it reverts by default to a month to month agreement, the terms of the original lease prevail. Even their own terms stress that any amendments must be made in writing yet they conveniently word this to reflect changes made prior to the expiration of the lease. You automatically went to a month to month agreement but the terms of the original lease remain in effect and they have to legally give you in writing and with required notice any change thereto.

[oregonwoodsmoke]

It sounds like you are on a month to month agreement. That means management can change any of the terms that they wish to change, except that they must give you a longer notice period that the terms are being changed.

I suggest that you open up the law for your state, print it out and circle the spot where it tells how much notice period is required to make changes in the terms of the rental agreement and head back to the office and show it to them.

Then head back to the apartment and start packing nonessentials because I predict that you aren't going to be there much longer unless you are prepared to pay the $400 rent increase.

[ShaneSA]

The new owners have to abide by any leases in effect from the previous owner. You are on a month to month and the terms of the lease state 60 days notice for changes. State laws demand a 30 day minimum notice for rent increase or notice to move.
Looks like your moving in 30 days. But the rent increase has to be written and with 30 days notice.
Print out the state laws and show the office that you expect them to follow state laws.

[NoMoreSnowForMe]

You could exercise your rights, but then I'm afraid they would just give you 30 days notice to move out on March 1st. You could then take them to court, but you could end up having to move, then fighting them in court, and pay a lawyer a bunch of money.

From your OP, it looks to me like 1) you don't want to spend any more extra money than you have to; and 2) you don't want to move until at least end of June.

So, basically, the PM wants you to either sign a 7 or 12 month contract - and you can pay the same amount of rent.

Or, you can continue month-to-month and pay at least $400 more a month, and they may change that every month.

You want to stay through June at least. 4 months.

In TX, a LL must mitigate damages. This means, that if you break the lease, the LL has to make a reasonable effort to re-rent the unit asap. BUT, TX law doesn't specify how the LL has to do this, and even allows the LL to raise the rent and try to rent it at a new price. So, this "right" is a bit iffy in TX.

So, let's do a little math:

1) You can offer to sign a 4 month lease at the same rate of rent.

This costs you nothing extra.

They'll probably say no. Then you could try sweetening the deal by offering to pay, say, $200 more per month for a 4 month lease through June.

This would cost you $800 in additional rent. If they agree.

2) You can agree to sign a 7 month lease at the same rent you are paying now. How much is your current rent?

Let's say if you do this, you find a place to buy after 5 months into the lease. Then you break the lease. In this scenario, you can expect to lose up to 2 months rent - the remaining time on the lease. You'll want to also read the lease carefully, to see if they can also keep your security deposit for breaking the lease. I'm not sure on the law regarding this.

This would cost you 1 - 2 months rent. And maybe your security deposit.

BUT! If you don't find a house to buy during the entire 7 months, you're not out any extra money.

3) You agree to go month-to-month and pay the additional $400/month. Of course here, they may keep upping the rent beyond the $400. Let's say you find a place in 5 months (same as above).

This would cost you $400 x 5 = $2,000 at least.

If I were you, I'd start by asking them if you can sign a 4 month lease at the same rent amount - if you really think you could close on a new house and be ready to move by July 1st. Be aware that they may not let you go month to month again after this agreement.

If you're not sure about closing and being ready to move by July 1st, I think I'd go ahead and sign a 7 month lease.

None are perfect options, but I'm thinking it's your best gamble.

Here are some TX law resources:

http://recenter.tamu.edu/pdf/1513.pdf

Breaking a Lease and Leaving Early | Nolo.com

A Landlord's Duty to Mitigate Leases in Texas | eHow

Texas Tenant Advisor

[JanND]

Sounds like you have the two options to choose from, or move.