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supermallo · Dec 18, 2006, 05:15 PM

The lease I am on currently is up at the end of January, and after turning in the written notice, I received a note from the management company that for January I will owe a "prorated" rent amount higher than what is stated in the lease agreement. I turned in my written notice the required 60 days prior to move out and am not sure that I am required to pay additional fees besides anything maintenance related. This lease is signed under the TAA (Texas Apartment Association). Also, the management have failed to provide the requested copy of the lease we signed, which I am pretty sure they must provide upon request.

Any help would be appreciated.

excon · Dec 19, 2006, 07:01 AM

Hello super:

Nahhhh. If you didn't get a copy, then that's your bad. They don't have to provide you with squat. Just for a minute, consider that they lost, or otherwise don't have their copy. Do you think YOU are obligated to give them one? I don't think so!!

In any case, they're telling you that they're going to charge you something that isn't in the lease anyway, so you don't really need a copy.

Send them back a note, certified, return receipt requested. Ask them to itemize the prorated expenses.

In addition, make sure you meet with them to do a move out walk through. Take pictures - plenty of pictures

excon

ScottGem · Dec 19, 2006, 08:11 AM

You need to find out what justification they have for this extra fee. Unless its written into the lease they are probably out of line. If you were staying beyond the lease expiration that would be one thing.

And definitely do the walk through, make sure their agent signs off on it and that you have a copy.

Northwind_Dagas · Dec 19, 2006, 09:51 AM

Actually, you are entitled to a copy of your lease. From the TAA.org website:

Can I get a copy of my lease?
Under the TAA Lease Contract, you are entitled to a signed original of your lease. Ask for it when both parties (you and the property owner or owner's representative) have signed the lease, or request one later if you did not receive one when you first signed it.

excon · Dec 19, 2006, 10:35 AM

Hello Northwind:

Ahhaa, now we get some technical law.

I don't disagree with you at all. He IS entitled to a copy of the lease. However, HE didn't get/ask for/receive his copy at the time he should have. Who's bad is that? Who is responsible for making sure he gets what he's entitled to? The other guy? Maybe, maybe not.
I agree, he IS entitled. Is that entitlement open ended? Does the law you cite OBLIGATE the landlord? For how long? It might. But, it might not.

Am I splitting hairs? You betcha. Isn't that what the law is all about? You betcha.

excon

ScottGem · Dec 19, 2006, 10:54 AM

Originally Posted by Northwind_Dagas

Actually, you are entitled to a copy of your lease. From the TAA.org website:

Can I get a copy of my lease?
Under the TAA Lease Contract, you are entitled to a signed original of your lease. Ask for it when both parties (you and the property owner or owner's representative) have signed the lease, or request one later if you did not receive one when you first signed it.

Notice the wording here:
Ask for it... or request one later

This clearly puts the responsibility on the tenant. There is no mention that the landlord MUST provide the copy or penalities if they don't.

Northwind_Dagas · Dec 19, 2006, 11:08 AM

Originally Posted by ScottGem

This clearly puts the responsibility on the tenant.

Originally Posted by supermallo

TAlso, the management have failed to provide the requested copy of the lease we signed, which I am pretty sure they must provide upon request.

I'm not sure why I'm getting put to the carpet on this. The responsibility is on the tenant to ASK. They have ASKED, and since they are entitled to it, they should receive it.

live_n_kickn · Dec 21, 2006, 12:39 PM

Where can I find a web site offering CA. landlord & renters requirements i.e.. Moving notice,
Secuirty deposit return, & requirements for same,etc

ScottGem · Dec 21, 2006, 12:48 PM

Originally Posted by live_n_kickn

Where can i find a web site offering CA. landlord & renters requirements ie. moving notice,
secuirty deposit return, & requirements for same,etc

There is a sticky at the top of this forum with links.

mjinms · Dec 23, 2006, 09:27 PM

Originally Posted by supermallo

The lease I am on currently is up at the end of January, and after turning in the written notice, I recieved a note from the management company that for January I will owe a "prorated" rent amount higher than what is stated in the lease agreement. I turned in my written notice the required 60 days prior to move out and am not sure that I am required to pay additional fees besides anything maintenance related. This lease is signed under the TAA (Texas Apartment Association). Also, the management have failed to provide the requested copy of the lease we signed, which I am pretty sure they must provide upon request.

Any help would be appreciated.

You didn't get a copy at the beginning> always have a copy for your files for tax pupose. Just in case. If you gave a written notice , usually 30 days and you kept your copy showing you did turn one in. you are OK. If you don't have a copy showing you gave them, you could be sued. Go by a lawyers office for a free consultation and get a business card from the lawyer. When you get ready to move and if they threaten you about the so-called money you owe, give them the business card and say:I Spoke to a lawyer and I am within my rights, give my lawyer a call if there is any problems. When they see you are serious and you hand them that business card, they will back off.