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How can my daughter best protect herself (Texas Legal Question)?

If anyone knows the answer, please respond... Texas Landlord-Tenant Law does not address this, the closest tenant organization is a half-hour away and will not help unless you go to a meeting (my daughter works all the time). BBB and Atty. Gen. will take complaints... mediate, but there is no time.

DD moved in with a friend in February. They are both on the lease. Friend decided she didn't want to live w DD anymore. Lease is very clear that no changes can be made without all signatures, 60-day notice required. However, property mgr went ahead and told friend she could transfer apts & DD had to leave in 30 days. Nothing given to DD in writing. Meanwhile, friend tells DD this and DD goes into talk to property mgr who tells her SHE (DD) is now responsible for the entire lease (which is written "jointly and separately") and has to transfer to an apt or pay both rents. DD gets copy of paper (unsigned) of notice to vacate... MORE

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figaro8895

Asked by figaro8895 at 2:41 PM on Apr. 29, 2010 in Money & Work

Level 26 (27,251 Credits)
Answers (4)
  • Of course, DD is freaking out - worried about being homeless, etc. I tell her there is NO WAY that is legal, which is confirmed by MIL who used to manage apts as well as the lease. Prop Mgr tells daughter later she will not be responsible for lease remainder or move out fees, etc., except for transfer fee. Today I go with DD to speak to Prop Mgr and let her know I know that what happened is completely illegal and that DD will NOT be paying any fees, including transfer fee. She tells DD I told you there wouldn't be any fees. Meanwhile, we are waiting for asst. to get copies of papers... including a paper prop mgr wrote up stating that they have allowed friend to transfer apts, DD must move in 30 days, and transfer fee applies. Obviously all this is illegal from square one. DD has signed a lease and put a deposit on an apt in the sister complex, and the mgr there has talked to the prop mgr at first place. MORE...
    figaro8895

    Answer by figaro8895 at 2:45 PM on Apr. 29, 2010

  • I'm concerned that they will go after DD for remainder of lease, damages (DD is removing the rest of her belongings this evening, friend will remain there for 30 days - who knows if less), fees, etc. I think that if they do this, DD will just have to talk about what happened & show them papers, but I am thinking it would be in her best interest to go ahead and file for breach of contract, unlawful eviction,... something to that effect (which will mean the apts could end up owing DD money) in order to protect herself from later problems. DD's new apt is ready on the 7th. I told prop mgr today that DD knows her rights, what they did was illegal, etc. She said DD would need to make appt to talk. I said I don't think further discussion is necessary unless you disagree w what I'm saying... do you? She kept saying to make appt. What could she say... she knew damn well what she did was messed up.

    Any advice for us?
    figaro8895

    Answer by figaro8895 at 2:49 PM on Apr. 29, 2010

  • clarification: notice to vacate was notice of INTENT to vacate completed by friend...
    figaro8895

    Answer by figaro8895 at 2:50 PM on Apr. 29, 2010

  • Before it goes any further get some protection girl!!!! Legal plans as low as $26 a month click here.

    IraqiVetWife

    Answer by IraqiVetWife at 6:23 PM on May. 2, 2010

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