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I am on SSI for mental disability. I have lived in my

Customer Question
I am on SSI...

I am on SSI for mental disability. I have lived in my current apartment for a year. During this time we have had unfair treatment from the management office. For starters they were harassing us about barbecuing down stairs from our apartment. they werent happy when I proved them wrong. We were told that it was against the law and we could only use the grills provided near the pools I looked up the law and it stated we had to grill 10 feet from the building. They state that their has been complaints against out unit for "excessive" smoking. The lease does not state that we can not smoke. They policy they are saying we are non compliant with is " disrupting the comfort of others'

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

I live in texas. The main pressing issue is our lease is up and they want us to transfer units due to the complaints. Stating I would need to pay a deposit an admin fee and pro rated amount for the current unit we are in plus the one we would have to transfer to.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

I dont understand how they can determine where the smoke is coming from and how it is "excessive"

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

I am not sure at this time. i don't have the lease currently in front of me

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Our lease is up October 8. We were going to move out because we got an letter stating we had to move. However I smoke to the manager who said that would allow us to transfer units. They were in the process of remodeling their office and she was going out on PTO but she would have one of her managers call me. Well a week went by and no one called or returned my phone calls. Finally I was able to speak to someone who said that we could transfer in November because thats when they had a unit available. I was told the manager would call me. So again no one called and when I finally got a hold of someone Saturday they told me that unit we were suppose to put a deposit on had already been rented

Submitted: 10 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
10/3/2017
Lawyer: barristerinky, Attorney replied 10 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,037
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

I have read your comments, but I am not sure what your legal question is?

.

Are you asking if they can force you to move out once your fixed term lease ends?

..

.

thanks

Barrister

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Customer reply replied 10 months ago
basically. we feel like we are being harassed. I am disabled. I feel like they need to make accommodations for me based on my disability and by the Americans with disabilities act.
Lawyer: barristerinky, Attorney replied 10 months ago

Ok, unfortunately, if you are under a fixed term lease, then when that expires, so does your right to remain on the property under the contract. That is what a fixed term lease does.. it sets the parties rights and obligations for a set time. After that, if the parties want to continue the relationship, they both have to agree to do so.

.

If you wanted to move, the landlord couldn't force you to stay and sign a new lease. And vice versa, if the landlord doesn't want to extend your tenancy, you wouldn't be able to force them to do so...

.

So it goes both ways and really wouldn't have anything to do with any disability you might have. If they were saying that they didn't want to renew because of your disability, that would be illegal. But if they are just not renewing, and not giving a reason, which is legal under the law, then that wouldnt' be illegal discrimination..

.

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...

.

.

thanks

Barrister

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