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Old 05-07-2009, 08:59 AM
 
6 posts, read 10,023 times
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I resigned my lease with the understanding that my ac/heater would finally be fixed. I've been trying to get it fixed since Jan 07 (I know stupid). My house is not that large and I keep my ac on 80, so we are usually sweating. My electric bill is over $400 a month. I'm tired of doing this and thought that I might be able to get out of my lease by giving constructive notice. The owner fired the management company, but when I spoke with the management company, they said the owner told them not to fix the ac/heater. I'm tired of this and want out. I just realized that my copy of the lease does not have a signature from the management company or the owner. It was all done through email, but my copy does not have a signature other than ours. Can I get out of the lease now???

Last edited by houstoner; 05-08-2009 at 07:12 AM.. Reason: Thread moved from Houston forum.
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Old 05-07-2009, 09:19 AM
 
Location: A little suburb of Houston
3,702 posts, read 18,213,847 times
Reputation: 2092
Not based on the signature issue, no. Does the AC or heat work?
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Old 05-07-2009, 09:47 AM
 
6 posts, read 10,023 times
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Only on 1/2 the house.
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Old 05-07-2009, 11:38 AM
 
Location: A little suburb of Houston
3,702 posts, read 18,213,847 times
Reputation: 2092
Notify the property owner in writing that the AC/heat needs to be repaired and what exactly is the problem. Send the notification certified, return reciept requested and keep a copy. Make sure you keep records of any communications. You must give the LL a reasonable amount of time to correct the problem. I know you have been dealing with this for a few years, but did you ever notify the LL in writing or did you just call? By state law, the request must be in writing.

See the state law here: Texas Constitution and Statutes - Home Look under Title 8 of the Property Code.
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Old 05-08-2009, 07:46 AM
 
6 posts, read 10,023 times
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It's all been through email, so it's dated.
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Old 05-08-2009, 08:02 AM
 
1,788 posts, read 4,755,019 times
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Quote:
Originally Posted by sjdavis0708 View Post
It's all been through email, so it's dated.
Everything about an email can be spoofed. You need to go through proper channels so that you have an actual paper trail.
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Old 05-08-2009, 08:31 AM
 
6 posts, read 10,023 times
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I'm working on that now. I'm writing a letter after a phone conversation with the management company where they said they would let me out no problem. Guess we'll see. Thanks for the helping, any suggestions on the letter would be very helpful as well.
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Old 05-08-2009, 11:02 AM
 
Location: A little suburb of Houston
3,702 posts, read 18,213,847 times
Reputation: 2092
Quote:
Originally Posted by ZugZub View Post
Everything about an email can be spoofed. You need to go through proper channels so that you have an actual paper trail.
Yeah, and Texas law states specifically it has to be sent CRRR
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Old 05-08-2009, 11:05 AM
 
27,214 posts, read 46,741,218 times
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Quote:
Originally Posted by sjdavis0708 View Post
I resigned my lease with the understanding that my ac/heater would finally be fixed. I've been trying to get it fixed since Jan 07 (I know stupid). My house is not that large and I keep my ac on 80, so we are usually sweating. My electric bill is over $400 a month. I'm tired of doing this and thought that I might be able to get out of my lease by giving constructive notice. The owner fired the management company, but when I spoke with the management company, they said the owner told them not to fix the ac/heater. I'm tired of this and want out. I just realized that my copy of the lease does not have a signature from the management company or the owner. It was all done through email, but my copy does not have a signature other than ours. Can I get out of the lease now???
What kind of mansion do you live in if you pay $ 400.- and have your A/C on 80?

IMO the signature doesn't matter since you stayed in the house so it could be a month to month lease, depending on your State Laws.
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Old 05-08-2009, 11:14 AM
 
Location: Lakeland, FL
326 posts, read 1,301,591 times
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Quote:
Originally Posted by Poltracker View Post
Notify the property owner in writing that the AC/heat needs to be repaired and what exactly is the problem. Send the notification certified, return reciept requested and keep a copy. Make sure you keep records of any communications. You must give the LL a reasonable amount of time to correct the problem. I know you have been dealing with this for a few years, but did you ever notify the LL in writing or did you just call? By state law, the request must be in writing.

See the state law here: Texas Constitution and Statutes - Home Look under Title 8 of the Property Code.
I agree with Poltracker....

I would double check the Texas law but in NJ you would do this and in the letter include that you are withholding rent until this is fixed and if the landlord deciedes to take you to court you would win because that is something the landlord has to fix.
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