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Celticlass posted 9/22/2013 19:30 PM

I need some advice about rental agreements--I live in Texas. I had an apartment which I lived in alone for a year and a half after my divorce. I met a guy, who seemed perfect for me, and after 6 months of dating, had him move in with me. He is on my lease as a roommate ( meaning he provided a lesser amount of information that is typically required when renting). About 2 months before the lease was due to expire, I caught him cheating on me.

He found out by asking the apartment office that in order for his name to be removed from the lease, we would both have to sign a statement in which he agreed to remove his name from the lease. So he refused to do so. For a week, I kept asking him to do the right thing and remove himself from my apartment lease, but he absolutely refused. Then I find out that he went in and signed the new lease. I refused to sign it and the apartment office said that my only options were to either get him to sign the statement or move out. I chose to move out. I was actually gone by August 1 and had the electricity turned off--I consulted an attorney where I work and was told that I was under no obligation to leave the power on--he could turn it on himself.

The apartment office said that I would have to pay a re-letting fee--wth? They have his name on the new lease, but yet they are telling me that I have to pay this? I didn't sign anything. (I should say here that 60 days notice is required and I told them verbally that I was staying and 10 days later when I discovered the infidelity and the fact that he signed the new lease--I went into the office and verbally told them that I would not stay there if he was in MY apartment--so technically, they did not have 60 days notice, but they did have his signature on the new lease--which made it valid).

Ok, so I thought that I would have to pay the reletting fee--not happy about that, but I could do that. I got a statement in the mail that they are not only charging me the re-letting fee, but are telling me that I am responsible for 25% of the cost of the new carpet and I have to pay $700 for a new refrigerator!!!!!! There was nothing wrong with the refrigerator when I left. I cleaned out all the food I had in there when I left and I don't know how long he stayed there, if at all.

I don't know what to do. I can't afford to have this on my credit report and I don't have the $1600 that they are asking for.........this relationship sucks and I have to keep thinking about this everyday since I got the letter. Does anyone know anything about this? Help!

hardtimesinlife posted 9/22/2013 21:16 PM

Can you consult the attorney again? Maybe get a letter written from him letting the leasing office know you mean business?

I am a landlord and none of that would fly here. I will say that many complexes will try whatever they can to get more money from outgoing tenants. I've heard horror stories.

See if TX has a landlord/tenants rights and responsibilities book at the library. Study it and see if the landlord may have made a misstep in your lease or tenancy. If so, bring this up in your attorneys letter. You might need to play hardball.

StillGoing posted 9/22/2013 21:30 PM

If it's a complex owned by an LLC or something then they will keep coming after you for as long as you pay them bullshit fees. If you didn't sign anything you shouldn't have to pay anything. Ask them where in your copy of your lease you can find information on the fees they are charging you so you can examine them yourself and have a lawyer look them over.

eta:

The apartment complex we lived in... almost 15 years ago? They still try to come after us with made up fees. I lol at them. Make sure you do not give them any additional information and if you had any direct deposits or something going there to block them immediately in case they try to tap your funds - that shit has actually happened, and the legal horse shit involved in getting them to give up the money is crazy making.

Anymore if someone wants me to pay them anything I tell them to mail me a hardcopy of my signature on what they want me to pay and to bring me to court for it. I won't even pay those fuckers go away money anymore. Fuck them. Nasty fucking social vampires.

edit again:

Somehow a copypaste from another post got in there, sorry.

[This message edited by StillGoing at 5:04 PM, September 23rd (Monday)]

SeeThingsNow1 posted 9/22/2013 21:47 PM

can tell you if you didnt give a notice ( 30 or 60 day) and the other person went ahead and moved out when you left - then yes they can charge a relet fee - basically a penalty for not giving notice to move at lease end. Sounds like after you left, the other person left as well. And even if you verbally told them you were moving, they HAVE to have it in writing. That is in the lease. I was a manager for years and know this is typically so in Texas. You can call the Apartment association in Tx and ask if you have any recourse. They have to give you a disposition statement within 30 days of determining a tenant has left and post all charges associated with that move out(otherwise they can be liable for deposits being returned to you). Always take pics when moving, in case there seem to be unreasonable charges, though i understand you have gone already- that is for future purposes.Some complexes are not always ethical about what kinds of charges they rack up, but then also, have to wonder if the other person trashed the apt before they left - have seen this happen alot also.

Celticlass posted 9/22/2013 22:48 PM

Thank you for the advice. I will seek legal counsel. I guess what I have the biggest problem with is that I didn't want to leave my apt and don't know why I couldn't just tell him to leave.

Maybe he did trash the apt after I left, have no idea. Wouldn't have thought so, does this mean they will go after him as well,mor just me?

Celticlass posted 9/22/2013 22:51 PM

Still going, did that stuff from 15 yrs ago show up on your credit report?

StillGoing posted 9/23/2013 17:05 PM

Not last I saw, I haven't checked in awhile now though. If it has shown up I will challenge it and go after the twits.

Celticlass posted 9/24/2013 20:57 PM

Need positive thoughts sent my way, have an appt with attorney on Thurs. I hope he has something positive to say about this terrible situation that I find myself in.

It's not that I don't want to fulfill my obligations, but I felt that I was going to be trapped into a 13 month lease with someone who didn't even contribute any $$---don't tell me, I'm stupid, I know. But I didn't want a free loader to continue to be in my apt.

At any rate, please keep the positive thoughts coming and I'll hear something (anything) to my advantage.

Note to self----don't let boys move in with you. I would have been furious if my girls had done this and found themselves in this situation. Guess old mum blew the wad on that one......so embarrassing to confess to your adult kids how stupid you were......but I got a margarita out of it