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anissapatrick
Sep 14, 2007, 01:48 AM
(1) Where can I obtain a list of member of the TAA? I don't believe the townhouses where I reside are members, but are using a TAA Lease Agreement (which states on the form that if they are not members - the lease is null and void). (2) Also, I was reviewing my lease the other day; and saw that I never signed it. It the lease enforceable (if, of course they are indeed members); also I paid a $200 pet deposit several months ago; but as I was reviewing my lease it said to "see pet addendum". I requested the office for a copy signed by me of this addendum. She brought a new one to my door and said, oh, I never gave you one - and I responded with... oh, then I guess it isn't part of my lease even though I paid it. She responded with, that's why I'm bringing it to you now. You need to sign it. I told her I needed a few days to consider this; as I have lived here 6 months now and feel it is her problem that she neglected to give me one upon move in. She told me if I don't sign it - I have to get rid of my cat. I explained to her whether I sign it; I did pay the fee. (3) My question is; since I never signed and basically it wasn't a part of my lease -- can I deduct what I paid from my rent?
(4) I am considering moving out at the end of month; and don't feel I would be breaking my lease as I (a) never signed the lease, (b) don't believe they are members of TAA!
Please help!!
Thanks!

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Emland
Sep 14, 2007, 05:46 AM
What does TAA stand for?

Are you certain that the office doesn't have a copy of a signed lease?

Are you prepared to defend a lawsuit for the unfilled portion of the lease?

I need more info before I can give you my opinion.

Cvillecpm
Sep 14, 2007, 05:53 AM
Texas Apt Asso - the lease is VALID... they have a copy signed by you... you have a copy signed by them...

ScottGem
Sep 14, 2007, 05:56 AM
I think you are referring to the Texas Apartment Assosication. First, why not ask them if they are members? You can check taa.org, there doesn't seem to be a list there, but you can contact them and ask.

If they have a signed copy of the lease, then its valid despite the disclaimer. If you want to break the lease, then be prepared to fight it in court.

Fr_Chuck
Sep 14, 2007, 06:01 AM
If you never actually signed any copy of the lease, then you are not in a lease. If you signed a copy ( even though you don't have a copy, then you have a signed contract.

To find out if they are part of the association, please check out your local branch of the TAA . You can contact them or find the local office by looking at their web site.

Texas Apartment Association - Home Page - taa.org (http://www.taa.org/)

Most of the larger leasinig companies in Texas are members

rockinmommy
Sep 14, 2007, 08:10 AM
I'm a member of TAA through my local apartment association. We've actually had this question come up several times - if non-members use the lease, is it enforcable? The general consensus is, yes. (Just out of curiosity, what makes you think they're not members?? ) Unfortunately for tenants, Texas is probably the most landlord friendly state. Everything you're talking about using to try to get out of your lease are basically technicalities. Granted, it sounds like the management where you live is pretty sloppy with their paperwork, but I think the judge would probably just warn them to step it up.

The main facts that would be looked at by a judge are the facts that you knowingly entered into a one year (? ) lease, and you knowingly paid the pet deposit - thus "agreeing" to the pet adendum. Since you have a copy of the lease (the TAA lease follows Texas LL/tenant law to the letter!), even though it's not signed, and you moved in, that's what you agreed to. Unless you're willing to tell the judge in court that you had no idea what you were doing, you're probably not going to get very far if they come after you for breaking the lease early.

Are you just looking for some way to get out early, or is there more going on here that you haven't told us?

Karla in TX

anissapatrick
Sep 14, 2007, 09:13 AM
Thank everyone for their responses; they are quite helpful; yes Karla I am considering terminating my lease early and was just looking for a "legal" way out. Thanks

ScottGem
Sep 14, 2007, 10:37 AM
Thank everyone for their responses; they are quite helpful; yes Karla I am considering terminating my lease early and was just looking for a "legal" way out. Thanks

Doesn't sound you have any.