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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 54001
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I entered into a lease unit on he third floor with 2 months

Customer Question

I entered into a lease for a unit on he third floor with 2 months concessions. Under that lease I had to pay the concession and a lease break fee to leave the unit. They transferred me to another unit and I signed another lease, they made no mention of the previous concession in the new lease. Under the lease contract buy-out agreement under special provisions it says "is not limited to a particular fact situation" then states "The special provisions are: Any concession (s) must be paid back to the owner if not fulfilled. Total amount will be determined upon written notice of intent to vacate." Can they go after me for the concessions in my original lease?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

Can you provide me a bit more information? Did they move you at the expiration of the prior lease term or during the prior lease term? Thanks.

Customer: replied 1 year ago.
It was 3 months into the 12 month the lease term. They also did a financial transfer form that made no reference to the transfer of units.
Customer: replied 1 year ago.
excuse me: made no reference to the concessions not the transfer of units
Expert:  Richard replied 1 year ago.

Thanks for your reply. The new lease is going to replace the prior lease. And, if the new lease does not reference the concessions, then they are not going to be able to now claim that the provisions of the prior lease apply to the new lease. Documents are construed by court strictly against the party drafting the document and the only lease that is applicable is this new lease you signed. If they screwed up by not including the old provision, that's going to be their problem, not yours.

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