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AttyHeather, Attorney
Category: Landlord-Tenant
Satisfied Customers: 677
Experience:  Attorney with 15 years experience
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I'm in Texas. I am a tenant of an apartment complex and have

Customer Question

Hello my name is ***** ***** i'm in Texas. I am a tenant of an apartment complex and have a question. My lease term was up July 30th, about 10 days ago. I was wanting to renew so I asked the management office repeatedly beginning on July 15th for my renewal options for various term lengths. July 30th came and went and still no offer. I've waited 3 weeks and still no offers. I had communicated repeatedly with the asst. property manager that it was imperative for me to sign a renewal lease before Aug 1 because there was no way I was going to be able to pay the $1950 month to month after lease expiration and would obviously prefer to continue paying something close to the $1200 I was paying. (I have email history to lend credence to all of my communicae in repeatedly asking for renewal options). I've waited 3 weeks and still no offers. Finally today the community manager emailed and she said they wouldnt discuss any renewal until my august rent was paid. I have no assurance they will based on them avoiding multiple requests for quotes in July, so I need to know my options. She stated in her email (which I can forward to you if you need), that being 10 days into August that I am in violation and in eviction status. I feel like arguing thats not possible because of you ignoring my requests for quotes in July and keeping me in LIMBO. I was current in my rent at the time so that wasnt a problem. It's because of their ignoring giving me quotes when requested that we are in this situation. To get to the point, if she files an eviction notice on me 1) what are my rights, because I feel perfectly fine to argue my point in front of a judge, 2) what is the length of time I have to pack up my stuff and move-out before they are legally allowed to enter and take it to storage?
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  AttyHeather replied 11 months ago.

Hi, I'm Heather, an attorney with 15 years experience.

If they file the eviction, the judge won't really care that they were stalling. I know - annoying. The judge will look at the lease, and if it provides that the month-to-month rate is $1,950, and that you've not paid it, that's all there is to prove that you are to be evicted. They are under no obligation to renegotiate if they do not want to, even if they are leading you on. The plain language of the contract is what will control.

It sounds to me like they have no intention of renegotiating your rent, and that they want the $1,950. If they were interested in renegotiating, they would do it, because they know that you've been asking about it for a while.

If they file the eviction, in most jurisdictions, you still have a bit of time - usually at least a week or two, from when they file, to when a sheriff removes you. Moreover, if you respond to the eviction (rather than doing nothing), and demand a hearing, even though you might lose the hearing, you will have more time before the process can be completed. I have seen evictions take 30 days or more. Just be sure that you read what is delivered, because you don't technically have to be out until the sheriff comes and escorts you out.

Expert:  AttyHeather replied 11 months ago.

Please give a positive rating if I have answered your question. IF you have followup questions, feel free to ask. Thanks!

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