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Apartment Association Questions

The apartment association serves the interests of multifamily housing owners, managers, developers and suppliers. Questions about an apartment association's rules, bylaws, rights and limitations are common. Ignorance of the legal provisions can lead to people not safeguarding their rights. Below are answers to some of the commonly asked questions about apartment associations.

I signed a 1 year contract on 6Sep. I lost my job on 9Sep. I am not scheduled to move into the new apartment until 7Oct. I cannot afford continue renting. Can I get out of my lease?

A person can’t get out of a lease without incurring any penalties. Even if the Landlord sues the person for breaching the lease, the Landlord cannot collect on the Judgment due to the lack of employment. The person has to give the Landlord a written notice of the cancellation and ask for the return of any advance deposits that is paid. The deposit may not be returned to the person that rented out the apartment as well.

An Apartment in San Antonio was broken into. Crow bar imprint on door jam and tv stolen. Police report filed; officer declares door security "inadequate" and notes there is no peephole placed. Manager notified of break-n. Next day, management responds by placing steel plate on door jam; still no peephole. Due to lack of required safety measure can I sue the apartment corporation for loss of the stolen TV? The type of written lease is an "apartment lease contract". The item stolen was a LCD television. 2/21/2005 purchase price: $1,649.90.

It is suggested that the local code enforcement officer be notified and have him inspect the apartment and issue a violation to the landlord for failure to install the door viewer as required by law. Also the person renting the apartment would want to take photos and request a copy of the police report and also approximate the value of the stolen item.

Once the person has these documents/evidence, they will be able to file a lawsuit in the local small claims court against the landlord and ask the court to award the damages equaled to the value of the lost TV, which was stolen in a burglary due to the landlord's failure to install adequate door viewer and otherwise to provide adequate reasonable security for the rental unit.

Have a TEXAS APARTMENT Association lease contract. Noticed top of pg 1 it says "This Lease Contract is only valid if filled out before January 1, 2010". Ours was filled out February 8, 2010. Does this mean we really do not have a valid lease?

It may render the lease unenforceable; in this case the person would have a month to month tenancy.

The owner of the apartment complex has threatened to kick my mother out at the end of this month if she does not get rid of her two cats and one dog. My mother has paid the full amount of the pet deposit that she was told to pay. He told her that he can do whatever he wants because he is not a part of the Texas Apartment Association. Is this true? What steps can she take in order to keep her pets and have more time to find another place to live?

If she has a lease she would have grounds to claim the grounds of waiver and lache; this means that the failure to enforce this for so long and knowing she had pets would now cause her extreme prejudice. Second, the mother needs to go to a doctor and get medical documentation that the animals are "service animals" to help her for her depression or whatever other medical condition she may have and then if the landlord denies her she could make a complaint under the Americans with Disabilities Act.

However, absent proving they are service animals or filing suit alleging that his failure to enforce such a rule on pets knowing she had them waived his right under those equitable theories, the landlord can demand removal. If she does not have a written lease and is a month to month tenant, the landlord can evict her with 30 day notice for any reason at all. If she has a lease which does not prohibit pets she has a breach of contract suit she can file against him (and if it does prohibit pets then waiver and laches would be the basis for her suit against him to prevent eviction).

Can my Apartment Management Company requires me to carry a renter's insurance policy and list them as co-insured in Texas?

A landlord does have the right to impose on a tenant the obligation to carry renter's insurance and to name the landlord as an additional insured. This is because the landlord wants to make sure that if a tenant or that tenant's guests causes damage not only to the tenant's personal property, but also to the tenant's complex and/or other complexes and other tenants' property, there is additional insurance in place to insure against such a loss.

Having the right information about the apartment associations can help individuals deal with difficult situations and make the right decisions. Ask Experts about the apartment association and other related topics.
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