Any Property Code aficionados? Tenant and Landlord relationship particularly?
05-12-2010, 05:34 PM
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Any Property Code aficionados? Tenant and Landlord relationship particularly? I was naive in signing the lease contract without a more thorough understanding of rights and clauses. I feel I have been taken advantage of in my lease as we requested a 12 month lease and unwittingly signed a 13 month lease. I KNOW, I KNOW! I have to pay for that mistake. Either way, the landlord and I have had some altercations and they are generally just down right disrespectful, which is not illegal, but is uncalled for.
Now, if there is anyone that can help me, I have issues on "rekey" between tenancies and rights to nullify contract. (2) exterior doors (door from exterior into garage, and door from garage into home) may or may not have been "rekey[ed]" but I do not have a key to them, and have no proof that they were "rekey[ed]" since the last tenant moved out. I doubt that they were "rekey[ed.]" Also, there are no "keyless security devices" on any of the exterior doors, nor does the door leading from the inside to the garage, and door from the garage to the exterior are not "peep through doors." We moved into this **** hole over 9 months ago. I did not request that they locks be "rekey[ed]" but according to Texas property Code, I do not have to.
I have done some research over the past couple of days, and some organizations are stating I have a risky right to attempt to nullify the lease immediately. I am just wanting some ideas or thoughts from people with experience on Texas Property Code if applicable.
Now, if there is anyone that can help me, I have issues on "rekey" between tenancies and rights to nullify contract. (2) exterior doors (door from exterior into garage, and door from garage into home) may or may not have been "rekey[ed]" but I do not have a key to them, and have no proof that they were "rekey[ed]" since the last tenant moved out. I doubt that they were "rekey[ed.]" Also, there are no "keyless security devices" on any of the exterior doors, nor does the door leading from the inside to the garage, and door from the garage to the exterior are not "peep through doors." We moved into this **** hole over 9 months ago. I did not request that they locks be "rekey[ed]" but according to Texas property Code, I do not have to.
I have done some research over the past couple of days, and some organizations are stating I have a risky right to attempt to nullify the lease immediately. I am just wanting some ideas or thoughts from people with experience on Texas Property Code if applicable.
05-13-2010, 09:38 AM
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assuming this is a house not apartment? duplex?
was the contract professionally written or the landlord wrote it themselves?
have you looked at seeking counsel? most decent lawyers give free consultations
was the contract professionally written or the landlord wrote it themselves?
have you looked at seeking counsel? most decent lawyers give free consultations
05-13-2010, 10:06 AM
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So you signed a 13 month and you are on month 9. You want to move out because of the landlord being an *** or because you don't like the property? Does the landlord live next to you or something? What is he doing other than being a jerk?
A lawyer is the only one that can give you advice on breaking a legal contract and you have to be able to prove that the locks weren't re-keyed. I would think that even if they weren't, they won't let you out of a contract, they will just make the landlord fullfil his part of the deal and change them. What is in your lease regarding breaking the lease?
A lawyer is the only one that can give you advice on breaking a legal contract and you have to be able to prove that the locks weren't re-keyed. I would think that even if they weren't, they won't let you out of a contract, they will just make the landlord fullfil his part of the deal and change them. What is in your lease regarding breaking the lease?
05-13-2010, 10:52 AM
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This is a house. There is nothing explicit in the lease about breaking the contract, so something would have to be negotiated, aside from them breaking property code violations. I do plan on talking to a lawyer, just didn't know if there happened to be any experienced property code lawyers that were also LS fanatics. I will not deny that we (my roommates and I) have made our fair share of mistakes in this deal, by not documenting things, or rushing into this house, and I will chalk that up to a lesson learned. This is through a brokerage, so there is no direct contact with the home owner, the brokerage firm is the acting landlord.
I know that if I pursue this, it will be a long drawn out battle. The brokerage firm and I have been in a few heated arguments, about BS fees from the HOA for violations that do not exist, such as improper storage of trash cans, which it is stored in the exact same spot as the day we went to look at the house with our realtor. Also, one of my roommates dog broke a front window pane and the brokerage firm is claiming the HOA sent them a letter about this as well. She will not give me proof of the letter. I accept responsibility as the tenant for the broken window, but did the HOA come into our lawn to see this? As the broken window pane is only 6" x 6" and about 6" off the ground behind a garden of bushes and a screen. You would really have to look hard to see it was broken. The tone of the letters are very belittling, and every time I make a repair request, we get this negative drawn out process, nothing that violates code, but this atmosphere of such hatred towards us. We are treated like stupid little children, and I guess they have that right, as we were acting like stupid little children to "blindly" sign the contract. BUT, we also have the right to file suit for code violations, whether they are listed on the contract or not. Texas Property Code Chapter 92 Section 164 - 92.164
Anyone that has known me for some time will know that I am more of a pushover than the average guy. I am taking a stand. I am tired of being bullied and treated like this from these people. They have the legal right to be an *** to us, just as much as I have a right to file suit for code violations of Texas Property Code Chapter 92 Section 164 - 92.164. The worst that comes of it, is they are out $500-$600 to replace the (2) exterior doors that are non compliant for a "peep through door," possibly "rekey" those locks, and install a "keyless security device." I will accept the advice of a lawyer and if I can get free consultations, I will talk to more than one, to make sure I don't have a money hungry vulture trying to set me up so he can get paid. If the general consultation from the lawyers I speak with are to drop it, then that is what I will do. There are (4) lawyer in my girlfriend of six year's family. Her dad, step mom, her brother and his wife. They are just not experienced with property code. Her brother is in the process of reading code now. I am not trying to deceive anyone here, and I accept the fact that I am looking at an uphill battle with little to no chance of actually getting anywhere, other then the "landlord" being forced into compliance.
Also, in my opinion, the house may be an electrical fire trap. I do not know if I would deem it unsafe, or inhabitable, but more and more electrical plugs around the house are failing. The house is generally a POS and was built in 1976, so it may have aluminum wiring.
I also understand the fact that I will more than likely, 99%+ greater chance of being in the house until the end of the lease regardless as if this does go to court, it will surely not be over prior to the expiration of the lease contract.
I know that if I pursue this, it will be a long drawn out battle. The brokerage firm and I have been in a few heated arguments, about BS fees from the HOA for violations that do not exist, such as improper storage of trash cans, which it is stored in the exact same spot as the day we went to look at the house with our realtor. Also, one of my roommates dog broke a front window pane and the brokerage firm is claiming the HOA sent them a letter about this as well. She will not give me proof of the letter. I accept responsibility as the tenant for the broken window, but did the HOA come into our lawn to see this? As the broken window pane is only 6" x 6" and about 6" off the ground behind a garden of bushes and a screen. You would really have to look hard to see it was broken. The tone of the letters are very belittling, and every time I make a repair request, we get this negative drawn out process, nothing that violates code, but this atmosphere of such hatred towards us. We are treated like stupid little children, and I guess they have that right, as we were acting like stupid little children to "blindly" sign the contract. BUT, we also have the right to file suit for code violations, whether they are listed on the contract or not. Texas Property Code Chapter 92 Section 164 - 92.164
Anyone that has known me for some time will know that I am more of a pushover than the average guy. I am taking a stand. I am tired of being bullied and treated like this from these people. They have the legal right to be an *** to us, just as much as I have a right to file suit for code violations of Texas Property Code Chapter 92 Section 164 - 92.164. The worst that comes of it, is they are out $500-$600 to replace the (2) exterior doors that are non compliant for a "peep through door," possibly "rekey" those locks, and install a "keyless security device." I will accept the advice of a lawyer and if I can get free consultations, I will talk to more than one, to make sure I don't have a money hungry vulture trying to set me up so he can get paid. If the general consultation from the lawyers I speak with are to drop it, then that is what I will do. There are (4) lawyer in my girlfriend of six year's family. Her dad, step mom, her brother and his wife. They are just not experienced with property code. Her brother is in the process of reading code now. I am not trying to deceive anyone here, and I accept the fact that I am looking at an uphill battle with little to no chance of actually getting anywhere, other then the "landlord" being forced into compliance.
Also, in my opinion, the house may be an electrical fire trap. I do not know if I would deem it unsafe, or inhabitable, but more and more electrical plugs around the house are failing. The house is generally a POS and was built in 1976, so it may have aluminum wiring.
I also understand the fact that I will more than likely, 99%+ greater chance of being in the house until the end of the lease regardless as if this does go to court, it will surely not be over prior to the expiration of the lease contract.
