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We have a current lease on a duplex in round rock texas all…

Customer Question
We have a current...

We have a current lease on a duplex in round rock texas all was good till one roomated died now she wants a new lease with new deposit and new pet deposit same people living here same pets why would I sign a new lease that obligates me to damages to the carpets which have been here 7 years and an agreement was allready ok'd by her with our deceased roomate his deposit and pet deposit should be refunded in full then a new paper filled out with current damage to what is damaged so she does not automatically get a judgement when we do move on my new deposit and pet fee. should she not have to fix all that is unacceptable for us living here with the old damage now placed on my new deposit and pet deposit. How long would eviction take if we did not agree to new terms and she terminates new lease when not up till june with current lease just one less person living there why should that make any difference don't mind signing new lease but not with those terms crazy

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

It is in round rock texas 78664

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

No sir

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

Yes can she not just do a re-lease till end of term then do what she will with old deposits

Submitted: 7 months ago.Category: Landlord-Tenant
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1/13/2018
Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 22,717
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 7 months ago

First and foremost, the Landlord cannot do a new lease simply because one of the signers to the lease died. The lease is still valid--death does not void a lease. So, there is no need to sign a new lease. At the expiration of the current lease, the Landlord can do a new lease with new lease terms and statement of condition for remaining Tenants who still want to stay. Deposits can then be refunded to the estate of the deceased roommate and other roommates who opted out of the new lease.

You cannot be forced to sign a new lease. The old lease is still valid. You cannot be evicted for not signing a new lease when the old lease is still valid. See Texas Property Code Title 4 Chapter 24 Section 24.005. Three-day written notice must be given by the Landlord for you to vacate. Then if you do not vacate at the expiration of the notice, the Landlord must then file eviction action with the Court and tell the Court the reason you need to vacate. You would be served with the Summons and a copy of the Complaint so that you can respond and tell the Court why you must not be evicted: lease is still valid; Landlord wants you to sign a new lease because of the death of a Tenant and you refused because death does not void a contract. A lease is a contract.

Best wishes,

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