[cjbrand]

Is a TAA (Texas Apartment Association) Lease valid if it is not signed by both parties?

The copy of the lease I have that was provided to me by the management copy is not signed by them. Does this void the terms of the contract lease?

[excon]

Hello cj:

Not really. If what you have is a copy, and you signed the original which they have, all they have to do is sign the original.

excon

[ScottGem]

As excon pointed out, the original in their files may be signed. But even if it wasn't it wouldn't matter. A lease is a contract. A contract requires an offer by one party in return for consideration by the other. You were offered an apartment in consideration for paying rent. If you have moved in and paid rent or a deposit, then a contract exists.

The only issue would be enforcing non-standard clauses. And then they just need to sign the original.

So the question becomes why are you asking?

[cjbrand]

Thank you both for your quick responses. I signed a lease in March 2006 with contract date beginning on August 11, 2006 through July 31, 2007. When we signed the lease, we were told by the apartment complex that if we decided between March and August 11 that we did not want to live there we just needed to call and tell them and we would only be out the $29 we paid for the application fee. I thought this is why I left their office with a copy of the lease contract not signed by them.

When we called in July to inform them that we did not want to live there, they suddenly said we can't do that and we will have to find someone to take over the lease or we will be responsible for the rent. They put us on a list where prospect renters could call us and several did. However, with each prospect, the apartment complex took so long (or would never) in answering questions for both us and the prospect renters that all 4 of the prospects walked away. QUESTION: From the research I've done, isn't the complex responsible per Texas Property Code to mitigate the damages by trying to rent the apartment? Could one view their lack of communication as violating that code?

Moving on to August 11th--I've never lived there, never picked up keys, never even paid rent (the only money paid was the $29 for the application fee). Now I've received a bill with the accelerated rent in the amount of $6000.

Another thing, with this lease, that was a guarantor on the application fee. These apartments aren't regular apartments, they call them Student Housing Apartments…not in any way affiliated with a school…where I only rented the room in a 4 bedroom apartment and the complex rented the other 3 out individually. It says on the lease contract: “If anyone else has guaranteed performance of this Lease Contract, a separate Lease Contract Guaranty for each guarantor must be executed.” With that said, my dad never signed a separate lease…Could this possibly be a loop out?

Bringing my story around full circle, I'm trying to determine if my copy of the lease is valid considering it is not signed by the company and based on the fact the only reason I signed the lease was because I was told that I could still get out of it provided I inform them before the date the Lease Contract begins.

HELP!

[ScottGem]

OK, First question. Is there anything in writing about the release? If not, then that becomes a he said/she said point.

Second issue. Do you have documentation of your attempts to rent the unit?

Basically what I would do at this point is tell them that you followed the information you were given. If they want the $6K then take you to court for it. You will show up in court showing that a) you were never given a fully executed copy of the lease, b) you were told you could back out without penalty prior to the contract date, c) you exercised that escape clause in July and d) despite the escape clause you tried to find a replacement tenant as they requested, but their mismangement lost those prospects.

It would be better if you exercised the escape clause in writing and on or prior to July 11.

If they take it to court, the only thing I think they can get (assuming you can document the attempts to rent) would be one months rental. And that only if you gave notice after July 11 meaning you gave less than 30 days notice.

[cjbrand]

Unfortunately, we don't have anything in writing about the release. But... per Texas Property Code a lease is defined as any written and/or verbal agreement. Or does that not matter, would the written contract supercede any verbal commitments?

The only proof we can provide are cell phone records. We still have the contact information for the prospects. Would that be helpful?

[Cvillecpm]

Is a TAA (Texas Apartment Association) Lease valid if it is not signed by both parties?

The copy of the lease I have that was provided to me by the management copy is not signed by them. Does this void the terms of the contract lease?

You only need a copy of the document signed by the other party. If you are a landlord, you need a copy signed by the tenant... if you are a tenant, you only need a copy signed by the landlord.

[ScottGem]

Any documentation of the attempts to rent will be helpful.

I don't think you have any case for the lease being voided because its not signed. Without proof you probably will lose on the escape clause. That doesn't mean you shouldn't cite these factors in responding to the bill or in court.

The written lease would supercede any verbal agreements that it contradicts. So if the lease has verbiage that prohibits an escaple clause or says you have to give 30 days notice of cancellation or something similar, then it would cancel out the escape clause. But if it says nothing about it, the verbal agreement may be valid.

[cjbrand]

Thank you so much for your help! This website is amazing!

[excon]

But...per Texas Property Code a lease is defined as any written and/or verbal agreement. Or does that not matter, would the written contract supersede any verbal commitments?

The only proof we can provide are cell phone records. We still have the contact information for the prospects. Would that be helpful?

Hello again cj:

In the real estate world, what's written is golden. However, you are absolutely correct, what they SAID to you is part of the agreement, and they are BOUND by it.

The problem you have is proving it. They're going to show the judge a signed lease, and you're going to show the judge... bupkis.

But, maybe not. You're going to have to go get some evidence. It shouldn't be hard. If this complex routinely tells new prospects, like they did you, that all they have to do is call, and they're excused, then you need to send in some undercover prospects who will tape them saying so.

Or, the person who told you that you can be excused, can be subpoenaed to court, and forced to tell the truth, under penalty of perjury. I don't know too many clerks willing to go to jail for their bosses.

I would tell them exactly what Scott said, and I would do it in writing sent certified, return receipt requested. I would not speak with them again. If they sue, defend yourself. It will probably be in small claims court where you don't need a lawyer.

excon

[cjbrand]

Would they sue me? It says on the bill that if it is not paid within 30 days it will be sent to collections and after that it will be on my credit.

If push comes to shove, would I have to be the one to take them to court? I would prefer a judge mediate this issue.

[excon]

Hello again, cj:

Would they sue me?

I don't know. $6,000? If they thought they could collect, they sure might.

It says on the bill that if it is not paid within 30 days it will be sent to collections and after that it will be on my credit.

Yeah, yeah, yeah. They also told you that you could get out of the lease.

In any case, you don't want it on your credit either! You don't OWE it! Collection agencies are, but the first step in the collection process. But they don't have to start there. They can take it directly to court. If you get letter from a sleazy collector, let us know. I'll nip that in the bud too.

But, I think they're trying to intimidate you into paying. They probably know they are wrong and have no case. But being wrong and having no case, DOESN'T stop a lot of people. Who knows how many people they do this to? Maybe they make more from intimidating people than they do from renting to them.

It's a shame they're putting you through this... But, they are. Don't let them.

If push comes to shove, would I have to be the one to take them to court? I would prefer a judge mediate this issue.

For what? You're not out anything. Let them do the legwork. Small claims court IS essentially a mediation. Get your ducks lined up, and wait to spring your trap.

excon

(edited) PS> You might just include a passage in your letter, stating that if they wrongfully damage your credit, you will sue them to the full extent of the law. Why not? You might as well do a little intimidating too.

[ScottGem]

I completely concur with what excon said. You don't say when you received this bill but you should act immediately. Send the letter as we suggested. Add that any attempt to besmirch your credit with this false claim will result in legal action on your part. Contact the credit bureaus and find out what you can do to head off this claim or at least be informed immediately if they post it. If they do report it, you immediately enter a dispute notice.

There is nothing, at this point, that you can sue them for. So you will have to wait until they take you to court. You spend that time getting all your documentation and other evidence lined up. If they go to small claims court, you won't need an attorney. If they go through civivl court you may need to get representation.

Your stance, which you should take firmly and NEVER waver from, is that you were given an escape clause which you exercised. Despite the escape clause you spent time helping them find a replacement. You did everything aboveboard, they didn't. You are the wronged party here.

[cjbrand]

Okay--So I went by the apartment complex today to get copies of any and all paperwork that has my name or my dad's name on it.

Just for good measure, I had the manager sign and date the paperwork to show when I received the copies. Good thing I did (I think... ) because the copy of the lease they provided has a couple of changes on it compared to the lease I originally signed and still have copy of.

Would them adding information to the lease void it?

Another thing, the bottom of each page on the lease has an area for me to initial as well as the representative of the company. My copy of the lease only has my initials on it. The copy provided to me today has the initials MO on the bottom of each page and the last page of the lease is signed by a representaive named Melissa. The person who I worked with when I signed the lease and walked me through the lease was a gentleman named Patrick?

Could this be helpful in voiding the lease?

[ScottGem]

Could this be helpful in voiding the lease?

No. However, any changes made to the lease you were originally given but not initialed by you are unenforceable.

It doesn't matter that you dealt with one agent and the lease was signed by another person as long as they are both official reps of the management company.

Where this does help you, is in defending yourself. You can now show that the management company may have a habit of making changes without informing the tenant. This bolsters your case that you were told one thing, then told something different.

Have you written and delivered the letter as I outlined? You really need to do that right away.

[cjbrand]

I wrote the letter last night and today I'm going to meet with the Tenant's Association of Greater Dallas and have a free consultation with an attorney who will review the terms of my lease as well as the letter I've drafted. Let me know if you're interested in reading it and I can email it to you as well.

Another question for you. Part of the lease agreement says that the guarantor must also sign a separate lease contract. However, a separate lease contract was never signed... Could this just be another log for the fire or could this-at the very least-remove my dad from any financial obligations to them? The only thing my dad signed was an application.

Also, in the copies they provided me yesterday, there is a sheet that the apartment complex documented their communication with me. On 7/17 my representative (Patrick) wrote down "called to cancel lease, informed her she would have to sublet. also told her that if we hit 100% we could replace the lease for her."

I was able to speak to one of the prospect tenants who was interested in subletting the apartment last night and I asked her why she even had to pursue the subletting avenue. And she said it was because Patrick informed her that the complex was at 100% and there was no availability. She said Patrick told her this on 7/29... same day she called me... per my cell phone records.

With that said, if they had hit 100%... why didn't Patrick replace the lease like he said he would?? Perhaps this is just another log for the fire. Hopefully, when I add all of this up and present it to them they will just back off!

Another question--I know, I know, I'm just full of questions!--In the letter I send to them, should it just be short and to the point only referencing that we tried to exercise the escape clause provided to us but despite that effort we even tried to sublet the apartment? Or should I put all of my "logs" out on the table? Or would I want to save those for court?

[excon]

Hello again, cj:

You're a young person. I know you want to make this right. You WANT them to acknowledge how they screwed you. You keep asking questions about why they lied to you.

Young lady, PEOPLE LIE AND CHEAT, and when they're caught, THEY LIE AND CHEAT SOME MORE!

Do you think that talking to them is going to change that? It isn't. As a matter of fact, the more you talk to them, the MORE YOU HELP THEM CHEAT YOU.

I understand that you want to DO something. That's why you want to sue THEM. That's why you keep talking to THEM. That's why you keep telling them EVERYTHING, and want THEM to change. That isn't going to happen.

When you write the letter, challenge THEM. DO NOT, explain anything about what you did.

Why are you so anxious about this? As mentioned earlier, you are NOT OUT ANY MONEY. If you were, I would tell you to go after them, BIGTIME. But, you're not.

DO what we suggest. Don't talk to them. DON'T give them more ammunition. Should you follow our advice, and the letter is written intimidatingly sufficient, you should never hear from these jerks again.

Look, you're going to have enough trouble in life collecting what rightfully has been stolen from you. Right now, nothing is missing.

excon

[ScottGem]

First, I don't need to see the letter, but I will be curious about what the association attorney tells you about the letter and everything else.

Second, whether your dad is still on the hook depends on what he signed on the application and the wording of it. If he signed as guarantor, they can probably still make a case. But I wouldn't worry about that because they appear to have NO case to hold you to the lease.

Third, if they decide to pursue it in court, you will bring in this person as a witnes or at least get an affadavit from them to show that Patrick told them they were at 100%.

The bottomline here is that I don't think you can void the lease. I DO think you have enough to disallow their charging you for anything and that you will win in court.

[arichard]

Is it legal for an apartment complex to hold me to a lease if I never received a copy? They have already withdrawn my deposit and first month's rent, even though I am not scheduled to move in for 3 more days. There was a fire in some of their units this morning, which was my fear anyway of living on the 3rd floor, especially since I am not as mobile since back surgery and have arthritis. I called to cancel and was told I cannot, because I signed a lease. :(

[excon]

Hello richard:

Your post will be moved shortly.

Nahhhh. Because you didn't get a copy of the lease isn't a reason to cancel. But, a fire hazard might be.

Of course, they TELL you can't cancel. But they're not lawyers, and for sure, they're not YOUR lawyer.

If there is a fire hazard, don't move in. Write them a letter, sent certified, return receipt requested, and demand your deposit and rent back within 10 days. If they don't send it to you, sue them in small claims court.

Certainly, you could say that, since the fire just occurred, their building MIGHT be a fire hazard, and you cannot move in under those suspicious conditions. I don't know if it'll work. I think a judge would agree.

excon