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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38186
Experience:  Attorney over 16 years, landlord 26 years
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Can my landlord send out my lease renewal notice, state the

Customer Question

Can my landlord send out my lease renewal notice, state the rent increase, but DID NOT mention the $55.00 in perks(senior discount and free parking), which was given to me last year, by this landlord and management co.?
I have lived here 19 years, NEVER late on rent, do almost all my maintenance fixes, and have added many upgrades, all at my own expense.
The rent increase was high, but acceptable, but I foolishly assumed that my amenities would stay the same. Can they just give and take away? Why was this only mentioned in person to me at the time I was there to resign, 2weeks before my lease was up. They were well aware I was going to resign, I love my apt., and love living here.
***** *****
Laguna Vista Apts., Houston, 77080 ***@******.***
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Unfortunately, if your lease is up for renewal, the landlord can change the terms of the renewal however they want to. It is then up to you to determine whether the offered lease is worth the money that the landlord is charging for the rent.

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I hate to say it, but it is up to you to thoroughly review your lease and make sure that the offered deal is something you can accept and live with prior to signing it because after you sign, you are agreeing to be legally bound by the terms of the written agreement contained in the lease.

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So the bot***** *****ne is that there is nothing that would force the landlord to make the same offer to you in a renewal lease every year as the prior year and they are free to reduce amenities, increase rent, or make any other changes they want and you have to decide if it is worth it to continue the tenancy..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years and when I have a great tenant like you sound, I do everything I can to keep from having to increase rent or change things because good tenants are hard to find..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 1 year ago.
I understand all things change at lease renewal time, but shouldn't I be notified in writing, 60 days in advance of the changes? They notified me of the rent increase, but not the extra $55.00 I will have to pay.Customer Houston, TX
Customer: replied 1 year ago.
Plus, both perks are totally age related. I am 70ish (yee gads).
Expert:  barristerinky replied 1 year ago.

Should you be notified?....yes. Does the law require it?....no. The law states that any changes in a tenancy only require a 30 day notice prior to the change taking effect. So in a fixed term tenancy, they only have to give you notice of the changes 30 days in advance of the end of your lease.

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And if they remove benefits, then that is just a change in the terms of the tenancy.

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In order to prove some type of age discrimination, you would have to show that they are only doing this to older residents and not all residents..

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thanks

Barrister

Customer: replied 1 year ago.
well, they have never showed me anything about my benefits being taken away. They only TOLD me about this, 2weeks before the lease expired. I have still not seen anything in writing.
Expert:  barristerinky replied 1 year ago.

I would have to suggest that you request to see a copy of any renewal lease immediately so you know exactly what the terms of any new lease would be so you have time to make an informed decision about whether you want to continue with the tenancy.

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Thanks

Barrister