Help! Apartment lease! Someone please help!?

Question

I am in dire need of help. One of my good friends lives in a horrible apartment complex in Clute, Texas. She pays 340 for rent. Was lied to from the beginning being promised new utilities like a dishwasher and a refridgerator. None of this was delivered. She however does not have this in writing. Where she lives is not safe. There have been multiple break ins and the crime rate is unbelievable there was even a murder. Apartment complex has stated that everyone in complex needs to take safety measures such as putting more insurance coverage on their cars due to the possibilty of getting broken into (mine did) and etc. Isn't the complex supposed to provide security, they have a gate that doesnt work but states in the lease that they have a working gate. She has 5 months left on her lease. She gave her 30 day notice. They are trying to charge her almost 2,000 and expecting her to pay it off within 30 days. No where does it say she has a 30 day time limit to pay off. What can she do

Answer 1

I can gaurantee you that nowhere in your lease is your security provided for or even implied that it is provided for. I have worked in professional apartment management (large company) for years now, and we aren't even allowed to imply that you will be safe, for exactly the reasons some people on here are stating--it's far too easy to get sued these days.

As it is, you need to read your lease carefully and see what your options are. What does your lease state your landlord is required to provide? Have all of those provisions been met? If it does actually state in the lease they will provide a working gate then you need to submit a complaint in writing. After a reasonable amount of time (30 days usually) if it is still broken then you can seek to break your lease citing breach of contract. Be ready to go to court over this and provide documentation.

Answer 2

First document the non working gate. The gate is there to help with security so THEY HAVE BROKEN THE LEASE. I hope when she gave her notice she said she was forced to move because the security promised has not been given and due to the increasing number of crimes in the complex, she feels unsafe. Legally, apartment complexes only supply what they put in writing and that's what you have to attack. I would send a follow up letter saying these things and say that you have no intention of paying any charges since they have broken the lease and then I would go to small claims court and sue for court costs plus moving costs. She can only lose her deposit and you can go for that in small claims court too. Find out by calling the courts and see what you need to do. Here it's just a $65 fee and then you represent yourself. So you take your proof of the broken gate, your police report, and anyone elses report, your lease and anything else-oh yea, receipt for your deposit and hand it to the judge. An apartment complex will be more likely to pay than an individual. You may or may not recover your money. They will countersue for lost rent and all the other charges they can come up with. Anything the office tells you, have them put it in writing so she can show what happened and here's the proof of that. I would also write a return receipt letter to the management to tell them most of the above. They will bully you unless they figure you are in the right and then they may or may not give in. Oh and don't forget the letter about putting more insurance on your vehicles as proof of crime in the complex and their awareness of it.

Answer 3

I'm not sure how the law reads on this, but some complexes only charge the lease balance for months they were unable to rent the apartment after a tenant moves out. If they take her to court for the lease balance, they would probably have to prove that they tried, and were unable, to rent the apartment or, if they did rent it withing that 5 months, they would have to prove that they lost x number of dollars for the months they couldn't rent it. They would probably ruin your friends credit and make it harder for him/her to get another apartment. There is always a possibility your friend could prove the complex broke the lease by not furnishing the security. It would depend on how the lease is written.

Answer 4

you need to study the lease agreement very carefully to make sure your not missing anything. somethings i know though are that an apartment complex does not have to provide any sort of security whatsoever to its tenants and they generally do have the right to charge you for the remainder of the lease whether you remain there or not. where i live they will let me out of the lease but it will cost around 3000 dollars. this is typical, its why they have leases to begin with. if the appliances weren't promised on paper they don't have to follow through with there word.
it sounds to me like your friend was royally screwed over by these guys and is probably stuck. it wouldn't hurt to try and befriend the apartment managers as hard as that might be considering they are probably lying sacks of dung , and if that does no good demand to speak personally with the property OWNER. let them know your aware of more then a few city codes there in violation of too (that is always helpful even if you don't actually know of any code violations, they get real nervous about it because ALL apartment complexes are doing something crooked almost guaranteed and one like that....I'm sure of it) anyway just keep cool with them and do all you can to get out of it but keep in mind there may not be anything that can be done, there pretty good at writing leases that allow them to screw people over.

Answer 5

There is a signed lease. Management is holding your friend to the terms of the lease.

What should have hapopened was your friend should have sent a letter to the management co. &&&&&& A true and correct copy of that same letter back to herself.

She should have also made a list of everything wrong with the property.

Its a hard lesson to learn, but your friend is obligated to pay the balance of the lease.

There's an expression in real estate: "When it isn't in writing, it doesn't exist."

Thanks for asking your Q. I enjoyed taking the time to answer it.

VTY,
Ron Berue
Yes, that is my real last name.

Answer 6

If they advertised it as a secure complex and the gate is broke she may have reason to legally terminate her lease. Check into the state laws regarding breach of least contract.

Answer 7

in case you upload him to the hire he would be predicted to bypass a credit examine besides and pay a component of the lease in accordance to the leasing business enterprise. this may well be your superb secure practices. in case you enable him to circulate in with you for unfastened and not be further to the hire, it somewhat is possible which you would be evicted and could pay the relax stability of your hire era. maximum hire contracts have a factor that deals with people residing with you for extra advantageous than a circulate to and the outcomes if this is got here across to be authentic devoid of any notification to the leasing business enterprise. examine your hire for extra suggestion. it somewhat is amazingly possible to be inquisitive approximately an association like this. be careful. you may do extra injury on your guy or woman credit record than you are able to think of.

Answer 8

if it says it in the lease that the gate works an it doesnt make sure u bring it up if they take u to court especially since its in a bad neighborhood. also if it doesnt say in the lease that if you break the lease early you have to pay the amount in so many days then they cant make you pay in 30days read your lease

Answer 9

She didn't get it in writing, she can't prove it. Sorry, but tough luck.