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I am a foreign national in a vacation rental property owned…

I am a foreign...

I am a foreign national in a vacation rental property owned and operated by a Real Estate Lawyer. my lease commenced on the 3rd of July and initially expired on the 31st of June, I then requested for an extension till the 24th of August which was approved and dully paid for. Again I requested for another extension till the 10th of Sept it was granted but no extension to the lease agreement was sined. Now On wed, 17th of August, the airconditioning was not working, called and emailed about the issue no response, so emailed that by 9.30pm I would have to seek alternative aaccomodation and would expect reimbursement. to cut a long story short, the owner/manager took offense that I made a complaint to him via phone, he said to me he has a law firm to run and that my current request for an extension would be voided. I also told him I wanted to terminate the lease with immediate effect. What Can i do to remedy this?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Dallas, Texas

Lawyer's Assistant: Has any paperwork been filed?

No ma'am

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

He said i cannot terminate my lease early, he made no mention of reimbursing me for the inconvenience suffered as a result of the air conditioning not working at night in HOT HOT DaLLas, texas

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8/18/2017
Thelawman2
Thelawman2, Lawyer
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The person renting the place is required to provide air conditioning. In Dallas, there is an ordinance that requires refrigerated air to tenants to make sure that the temperature is 20 degrees below what it is outside or below 85 degrees, whichever is higher. Failure to do so is a code violation and can be grounds for breaking a lease and suing for damages.

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To meet state law, put a copy of the letter in the mail that the air conditioner isn't working. Make sure you give your name and address, a description of the repair problem, a request that repairs be made and a signature. You'll want to send this certified with a return receipt so you can prove it was mailed.

If the air conditioning isn't fixed in a reasonable period of time, a tenant has the option to terminate the lease, move and sue for one month's rent plus $500, actual damages, court costs and attorney fees. Or you can continue living there and sue for those same things.

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Customer reply replied 11 months ago
He sent a technician to repair the air conditioning and it is now working. But we had to leave the unit and stay at a hotel.....2 adults and a 5yr old and 2yr old. Initially he had agreed to extend the lease but he acted vindictively and voided the extension of the lease that he had initially agreed. I guess my question is will i be able to recover my money for the one night we didnt stay in the unit because of the air conditioning problem. Also how do I deal with him voiding the extension to the lease agreement. I am sick and need to make doctor appointments which is why i had to extend the lease agreement twice. Any remedy?

Unfortunately, because he fixed it within a reasonable period of time, you are probably not going to be able recover for the one night (also, during that night, the temperature was probably not above 85 degrees in the apartment). As for the extension of the lease, if you have evidence or could prove that he agreed to the extension, then he is not able to rescind it. The difficult is that if it was not put down in writing and he is willing to lie to court, then you might run into issues since you do not have evidence of the extension.

What would happen is that you would stay in the apartment past the expiration of the old lease, he would file a lawsuit to get an eviction order, and then you would make the argument that the lease had been extended. It is at this hearing that you would need to have proof to support your argument.

Thelawman2
Thelawman2, Lawyer
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Customer reply replied 11 months ago
As for the extension of the lease, I do indeed have evidence that he agreed to the extension, it was all via email and he also sent the document to be signed digitally via docu sign and then he voided it........what should i do?
Joycelaw
Joycelaw, Attorney
Category: Real Estate Law
Satisfied Customers: 120
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Got it. So unless you breached the lease in some way, he cannot now try to void the lease extension after you agreed to it.

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Customer reply replied 11 months ago
how do i go about it? There has been no breach of the lease agreement since inception. So how i do enforce the extension of the lease?

So basically, you would stay past the date that the landlord is saying you have to leave by. Then when the landlord tries to enforce it against you by filling an unlawful detainer lawsuit (to get you evicted), you would present your evidence that the lease was extended.

You could also sue the landlord now and seek a declaratory judgment where the court makes a decision about the extension of the lease before the end of the the original time period for when your lease was supposed to end.

The first step though is to state that the landlord cannot back out of the lease extension agreement after it was already agreed to, and therefore, you will be invoking your right to stay in the apartment until the lease extension ends.

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