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so i have an issue i was hoping i could get some advice on.
my landlord said that they were not going to renew my lease earlier this year. about a month later, i get a renewal notice saying they want to now renew my lease and explained the terms. i filled out the forms, turned it back in, thought all was good.
fast forward to a week ago, now the landlord has decide not to renew my lease. they left a notice outside my door indicating the reasons they were not renewing. they cited criminal activity, making bad faith remarks about the complex and disturbing my neighbors.
however, i still have a signed lease they now say is void. i saved the lease i filled out, as well as the renewal notice.
ive had no issues finding a new place to live but now the management is taking their own sweet time getting back to prospective landlords. 2 have since rented out units i was interested in because the landlord here did not get back to them in time (i got back my app fees on those).
my question is, can i press the issue of the renewed lease? is the renewed lease even valid? i attempted to speak with management about why they are voiding the signed renewed lease, but they said they have no comment on it and refuse to speak about it. they also refused to give me a valid corporate contact number for someone higher than the manager at the front office. the number the manager gave me said it goes to a voice mail box he monitors and that he is 'el jefe' (his words not mine) of this complex.
obviously i dont want to live here but if they are refusing / taking too long to get my rental history to prospective landlords, i dont want to end up homeless and would rather finish the second lease then move on.
ive never been late on rent, never had the cops called on me, never had notices left for noise or anything weird.
This is beyond our view since we cannot review the documentation.
Both party's must be in agreement when any changes transpire in the terms of the lease. This includes giving proper notice in an addendum or a release of rights.
What is the specific chronology of events as that will be a major factor.
Also what is the wording on the renewal notice (and was there a lease attached) and on the second notice that say they changed their mind?
around jan/feb, LL stated they are not renewing the lease. after speaking with them at length about it, i found out THAT time was because of the busybody next door who, apparently, had been complaining of a chemical smell that happens after 5pm. LL suggested moving buildings to the back to get away from the busybody but said i must pay the transfer fee. i declined.
LL eventually set up a date to have the building inspected for the chemical smell the old busybody next door kept complaining about. LL came out (so they say they did), inspected the property, found no chemical smell.
about a month later, i receive 2 leases plus the note about the renewal on my door: one for us to sign and give back to them, the other with just their initials on it and a RESIDENT COPY stamped on the top.
we fill out the lease, turn it into the apartment manager, nothing else is said.
about a week ago we received a notice of violation and how they are not renewing our lease and they have nothing further to say about it. they even raised the rent $50, though we dont care about that as its still affordable here. the notice says the lease will expire on the 30th of next month (when our original lease is set to expire) and that the renewal we filled out is void.
as stated earlier, the cops have never been called on us, the one complaint about a chemical smell was investigated by the LL (this was AFTER they sent the first notice saying they are not renewing the lease) and no smell was found in the building, leading us to believe the person next door has too much time on her hands and just likes to complain. rent has been paid on time each month, often before the first of the month.
-edit-
oh i completely forgot about todays issue: i filled out an online form for maintenance: ac isnt working properly. on the form it has 2 boxes to check: one if they can come in with their own key, one if they cannot. i checked the box for them to NOT use their own key to enter, as my wife sleeps til around 12pm after she gets off work from the county police. they woke her up today, scared the **** out of her and almost had a bullet put into their heads.
This is beyond our view since we cannot review the documentation.
Both party's must be in agreement when any changes transpire in the terms of the lease. This includes giving proper notice in an addendum or a release of rights.
thank you for this. we've told them that we are tired of fighting with them over baseless accusations that they have no proof over, but now they are dragging ass when it comes to providing prospecting LLs the info they require.
I think that this has nothing to do with the renewed lease at all. You can have your lease terminated for violating the terms of the lease and I think that is what is happening to you. They have given you a notice so that you can move out on your own without being evicted. Eviction will be their next step if you don't go when asked.
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.......... they cited criminal activity, making bad faith remarks about the complex and disturbing my neighbors.............almost had a bullet put into their heads......
Goodness, I can't for the life of me understand why they would want you out. Maybe you are better off if they don't give you a reference.
I think that this has nothing to do with the renewed lease at all. You can have your lease terminated for violating the terms of the lease and I think that is what is happening to you. They have given you a notice so that you can move out on your own without being evicted. Eviction will be their next step if you don't go when asked.
they are not terminating my lease. they are now refusing to honor the lease that would take effect on 7/1/2016. please, keep up.
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Goodness, I can't for teh life of me understand why they would want you out.
are you seriously upset that a county police officer almost did what she was trained to do? REALLY? the maintenance guys did not read the work order, came in without authorization and somehow im to blame for that? also, ill reiterate: we've received ZERO notices about any kind of activity here that would violate our lease. zero. zilch. nada. none. 0. the notice they left us stating they will not honor the new lease was the first time we've heard these accusations. what that means is the entire time we've rented here, management has not once approached us about any issues that may violate our leasing agreement.
some people... ROFL!
-edit-
i took someones advice and contacted a lawyer and have an appointment tomorrow morning.
This is tough as you do not have a lease signed by both parties and I'm sure if push comes to shove, they will also produce a lease with only your signature and not theirs. I bet they will claim the renewal notice was an opportunity for you to tell them you did want to renew but was still subject to their approval of you for that renewal. If they sent the final non renewal notice within the legal required time period, I bet they will claim they decided not to approve your renewal and properly notified you according to TX law.
You can try and make an argument that by them actually sending a completed TX lease that only required you to sign it, nothing more, AND, the notice you received with the renewal never mentioned that this was still subject to some additional approval, you may have a reason to fight. But if that renewal notice stated or implied that you were just saying you want to renew and it was clear signing the lease did not constitute full acceptance by the landlord, you probably won't prevail.
Since you will be speaking with an attorney, follow their advice. It would be appreciated if you update us on what the attorney said so we get an idea of how this is viewed from a legal standpoint.
all i can say is that the council ive retained has spotted multiple violations by the apartment complex. as such, i am likely going to have to go to court over it.
thanks all for the advice i got here!
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Originally Posted by Jkgourmet
It's always so interesting to read the back story of these situations.
OP - I'm betting that you'll be more successful finding a new place to if your current landlord DOESN'T give you a reference.
want an update to that? 2 of the 3 neighbors were evicted. the disgusting old lady next door received multiple notices to cease and desist leaving trash outside, to pick up her newspapers outside and to dispose of all the non-lawn furniture that she has under the stairs (which is ALL of it).
so yah, LOL @ disgusting neighbors who got smacked down. helps when you call their corporate office
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Originally Posted by Rabrrita
This is tough as you do not have a lease signed by both parties and I'm sure if push comes to shove, they will also produce a lease with only your signature and not theirs.
i did speak with a lawyer. i do have a lease signed by both parties. they can produce whatever they want, but my understanding is i have a "fully executed lease" and they are attempting to rescind based on an alleged violation of the previous lease. i dont want to go into more details than that other than the council (and his coworkers) laughed pretty damn hard at the complex's attempt at paperwork to get me out of here (i scanned and emailed everything to them).
Last edited by KM1174; 06-02-2016 at 07:23 PM..
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