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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29220
Experience:  29 years in civil, probate, real estate, elder law
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Its my first time using the service, so please let me know

Resolved Question:

It's my first time using the service, so please let me know if I type too much, or need more info.

I signed two TAA student housing lease contracts, first for until August and second from August 2011~2012. They are virtually identical, except for a special provision which seemed to have been cut off and not printed because its length went beyond the scope of textbox on computer.



I had an incident where the maintenance came in to our apartment (living room is communal area, and we sign leases for individual rooms w/ locks), saw dents on my door and ripped it out, replacing it with a door that didn't fully close (but I could lock w/ key). The worst part is that I had no prior notice, nor did he leave a note - my roommate just told me about it afterward.

I felt uncomfortable living here, so after multiple attempts to get me the option of staying or not (they are a new management company from Atlanta, who's been making some improvement) a I finally sit down with a guy (person A) from the office, who prints a paper stating "6/21/11 Due to extenuating circumstances, [me] will not be held to the renewal of his lease contract beginning August 8, 2011 per management." and we both signed it.


Last week I had my car broken in strangely nothing stolen and the 6/21 contract placed on passenger seat), so I decided to call the office to get my 2011~2012 contract voided. The office told me either to find a replacement (and pay "reletting" fee), or go into collection unless I pay the full year's worth. I asked for Person A, and they said he didn't work there anymore, and now I'm back to being stuck again.


I signed the TAA and Austin Apartment Association's Student Housing Lease Contract, with a special provision for the current lease as
"Resident agrees to pay entire lease in full on March 25th, 2011, in order to pick up keys. Must be certified funds. If resident chooses to renew will have to requalify for the apartment or pay entire lease term in full."

The second contract however, only has "Resident must requalify for the apartment or pay entire le" and the rest of it is cut off, probably because it was pushed out of the textbox from an additional provision on electricity bill payment.


My concern now is - what are my options, and what steps do I need to take to get out of this contract? Trying to get straight As so I can get scholarship and lift the burden off my parents' and my back is already enough for me, so I really appreciate your help.
Submitted: 3 years ago.
Category: Legal
Expert:  Ray replied 3 years ago.

RayAnswers :

Thanks for your question and good evening/

RayAnswers :

Do you have a copy of the document where employee signed it here?who prints a paper stating "6/21/11 Due to extenuating circumstances, [me] will not be held to the renewal of his lease contract beginning August 8, 2011 per management." and we both signed it--this document do you have a copy of it?

Customer:

Yes

Customer:

and thanks for taking up my question (if you're still around...), it just registered that I got into this chat

Customer:

It's a piece of letter-sized paper that says

Customer:

6/21/11

RayAnswers :

Then you may well be able to argue that they agreed to release you from the lease.You may need a local lawyer to write letter here arguing this was a mutual release and threatening lawsuit if they don't agree to waive any charges and let you go.This person was an employee of landlord and can sing on behalf of the landlord.

RayAnswers :

This is certainly somethign you can dispute if you move out here and they turn this to collections.

RayAnswers :

Lawyer for you here

Customer:

yeah, I would prefer to keep my credit in perfect standing, but how much would I be expecting to pay if it goes down to lawsuit?

RayAnswers :

This is really a release of the contract you signed.

RayAnswers :

They would be suing for the full value of lease or amount they are out if they are able to release.

Customer:

ok, and one thing I just noticed, is that neither of us dated it...would that matter, or would the date printed on top and the full signature of us both?

Customer:

not to mention the guy who signed it doesn't work there - possibly fired?

RayAnswers :

If you had cosigners here like your parents they will try to ding their credit here too.Well you argue that it applies to the new lease .

RayAnswers :

I mean he was employed there when he released you.

RayAnswers :

If you are a UT student here is lawyer for you through the university

Customer:

I paid the full amount from march~august upfront because I didn't want to cosign with parent

RayAnswers :

See if these guys here the UT student lawyers can help first.

Customer:

i'll give it a try, but on contracts would it matter if the whole provision wasn't printed on it?

Customer:

like the fact that they cut out the entire special provision part that was copy and pasted saying "resident must requalify ofr the apartment or pay entire le"....and that's all there is

RayAnswers :

Well it is what it is.You have something here--it appears to release you and its signed.Could be better--yes but it is something and it is in wiritng and is arguably binding.

RayAnswers :

Hours and where to call the UT lawyers

RayAnswers :

Hey your student fees pay for this might as well take advantage

Customer:

haha well I haven't got into UT yet...so that might be a problem for that

RayAnswers :

Was it hot her today in Austin or what??

RayAnswers :

So are you living here but not enrolled>

Customer:

yeah, and hot enough that someone stole the AC unit from a local library

RayAnswers :

See if they will talk to you here.

RayAnswers :

If not go back to Austin Lawyer Referral I gave you.

RayAnswers :

I wish you good luck.I know it is a hassle.

RayAnswers :

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.


 


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Customer:

k

RayAnswers :

Thanks for letting me help here.

Ray, Lawyer
Category: Legal
Satisfied Customers: 29220
Experience: 29 years in civil, probate, real estate, elder law
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