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rogerthedane · Mar 28, 2009, 10:40 PM

This is a multiple part problem and I will do my best to make it clear. I signed a 13 month lease on an apartment in Dallas at $869 mo. The refundable deposit was $765, $100 admin fee (non-refundable) with 30 day move-out notice. At that time the manager stated that after six months I could move to another apartment if I needed more room for me and my two kids. After seven months a larger, better apartment became available at $914 mo. So after I move everything in, transfer the electric and internet services and drop off the old apartment keys the same apartment manager informs me I must sign a new 12 month lease, pay a $100 administrative fee, a $350 transfer fee both are non-refundable. What a surprise! She says it’s standard policy from the home office in Nebraska. I had not been NOT informed of ANY fees to move from one apartment to another within the same complex or to sign a new 12 month lease. I reluctantly pay the $100 fee and sign a new 12 month lease however, I refused to pay the $350.

Now the 12 month lease has ended February 28, 09 . I verbally informed the new apartment manager that I would like to renew at the agreed upon increased rate of $949 mo. No problem says the new manager. However, as you can now guess I am later told that the renewal lease will be at an even much higher rate. The home office will not sign off on a new lease with me until the balance of $350 is paid. Being on an extremely tight budget I simply can not pay the $350 so no lease gets signed for the month of March and now they want me to pay the month to month rent of $1200! I do give them a check for March at the new $949 rate.

I spoke directly with the home office in Nebraska last week and if I pay the $350 they will waive the $1,200 month to month rent and I can dispute the $350 but it takes 2-3 weeks for their board to meet and since it was from last May they said basically don’t hold your breath. Also, the home office informed me that beginning 1 April 09 they will require a 60 day move-out notice.

My head spins when I read the TAA (Texas Apartment Association) contract as I realize they have a lot of my money and I have a contract that repeatedly states verbal agreements by their representatives are unenforceable. I followed the information I was given by the “manager of the day” but the home office will not stand behind them.
I have located a comparable apartment less than a mile away for $880 with only $100 deposit and $25 admin fee.

I feel like I am being extorted! I either pay the $350 and sign an unreasonable higher rent rate, or if I refuse I will lose my deposits ($795 + $300 pet deposit) and be charged the month to month rate which would leave me with zero money for two weeks. If I give them a 30 day notice to move out by April 1st I still get stuck with the March and April $1209 rent payments. I do realize I let the $350 go without addressing it head on however, I did NOT create this problem as the home office does not stand behind their local managers. This is a common problem with this out of state company. I must decide in the next several days to go or stay.

I have bought two houses in the past without this much trouble. Thanks for your help on this problem.

excon · Mar 29, 2009, 07:24 AM

Hello rog:

Who'd want to stay?? Go and sue their butts off in small claims court.

excon

rogerthedane · Mar 29, 2009, 09:59 AM

Thanks for the reply. Moving during the kids school year is not a good idea, moving takes time and money, suing an apartment company in court, even small claims takes time and money. It's cheaper for me to resolve it now. Also, a divorce destroys your credit so I do not want to have to explain to a mortgage company why I can't resolve issues with an apartment complex. Regarding court, I have no written evidence so it seems to me it becomes only a "he-said, she-said" argument. Now if they breached their TAA contract, that's would be something I could use as leverage against them or in court. Can they force me to pay my account balance in full, hence the $350 before they can resign a lease? I did not read this in their contract.

excon · Mar 29, 2009, 10:05 AM

Hello again, roger:

You're welcome... But, I haven't changed my mind.

I wouldn't live there. Suing in small claims is quick, cheap and easy. I don't know what your divorce or your credit rating has to do with suing. You have PLENTY of evidence. He said - she said WORKS in small claims court. They can't force you to do anything. They also don't have to renew your lease.

excon

rogerthedane · Mar 29, 2009, 10:33 AM

I do not want to get hit with the $1200 month to month charge for March & April nor have this hamper my creidt in any way. I would like to use the year and a half of prompted, on-time payments to help the lack of good credit. If I take them to small claims court I only see the rent increase issue as a valid claim.

excon · Mar 29, 2009, 01:12 PM

Originally Posted by rogerthedane

I do not want to get hit with the $1200 month to month charge for March & April nor have this hamper my creidt in any way.

Hello again, roger:

Sorry, Dude. You haven't convinced my to change my mind yet.

Landlords do NOT report to the credit reporting agencies, so all of your good payment history with them won't matter. Of course, you don't want the charge. That's WHY you're suing 'em.

excon

rogerthedane · Mar 29, 2009, 04:26 PM

Been on both sides in court and rather avoid it if I can. I am going to look into a couple of things tomorrow. I appreciate your feedback.

Fr_Chuck · Mar 29, 2009, 05:09 PM

Trouble is, nothing, not one word that is not in writing with the manager can be enforced. Even what the person on the phone is saying is not binding, unless they put it in writing,

So you should have never ever moved until you have the lease in writing first, not weeks after.

They own the pony and you are paying for the ride at this point. So you follow their rules , or sue them, or move, not really another choice