Living "outside of my lease" for over a year, am I obligated to the lease? (apartment)

[BadJuJu1]

I rented an apartment for my daughter, paid for the first year. After that, she was supposed to be on her own. She decided to stay in her apartment another year. We never renewed, nor did we go month-to-month. After two years her family needed a bigger better home. And when we attempted to give our mandatory 60 day notice, the problems began. And I mean, maintenance needing in every other day (though they worked on nothing). Calling me, threatening to drill the locks out, when they gave no notice. No less than twice a week for the two months, they harassed us. Evidentially, while my daughter was pregnant, her little girl stained the carpet, and drew on a couple of walls. So they want over $700 for repairs. This was the last unit that was to be upgraded. And I feel like we are paying for that upgrade. I do believe we should pay for some of what they are asking, but that is high. I personally scrubbed baseboards, bathrooms, kitchen, and stove. Are we liable for any amount they ask for? And also, as I said, I never renewed our lease.

[TexasRedneck]

Under Texas law, they must document any charges IN WRITING within 30 days of you vacating. If they didn't, they can't withhold anything. If you feel they're overcharging you, take them to small claims court.

[reenzz]

Originally Posted by BadJuJu1

I rented an apartment for my daughter, paid for the first year. After that, she was supposed to be on her own. She decided to stay in her apartment another year. We never renewed, nor did we go month-to-month. After two years her family needed a bigger better home. And when we attempted to give our mandatory 60 day notice, the problems began. And I mean, maintenance needing in every other day (though they worked on nothing). Calling me, threatening to drill the locks out, when they gave no notice. No less than twice a week for the two months, they harassed us. Evidentially, while my daughter was pregnant, her little girl stained the carpet, and drew on a couple of walls. So they want over $700 for repairs. This was the last unit that was to be upgraded. And I feel like we are paying for that upgrade. I do believe we should pay for some of what they are asking, but that is high. I personally scrubbed baseboards, bathrooms, kitchen, and stove. Are we liable for any amount they ask for? And also, as I said, I never renewed our lease.

By operation of Texas law, you became a month to month tenant. All the terms of your expired lease remain the same except on a monthly basis.

[GBCommenter]

Originally Posted by reenzz

By operation of Texas law, you became a month to month tenant. All the terms of your expired lease remain the same except on a monthly basis.

Agreed. The original lease may also specify if you stay beyond the lease it becomes month-to-month. My memory is my leases here in TX said/say such.

As far as the cost, if the carpet has to be replaced due to the stain $700 may not be entirely unreasonable. For point of reference, the cheapest carpet online at Home Depot is $.50/sq.ft. A relatively small 800 sq.ft apartment becomes $400 in carpet without a pad or any labor.

[BadJuJu1]

Thank you all. I am resolved to paying it. I just thought it was high. As far as the harassing, I will Yelp on that topic!

[GBCommenter]

It's sure not a fun way to part with $700, but probably easier to pay and be done...as long as daughter and you are now happier, this too shall pass...:-)