Posted by
S Dell

My Rental Lease: Is this the proper way to do things?

I've been leasing a home since 03/01/15. The lease I signed was the TAR-2001, the landlord used an agent to handle the agreement, but all responsibility was transferred to the landlord after the lease was signed. The landlord mentioned renewal about 2-3 weeks before the expiration of the term. No written notice. He also said the rent would increase. I signed it because it was so sudden. The renewal lease I signed was the same lease as before with white-out used over the dates and rent, no agent was involved. I requested that the owner tell me the rent in 12/2016 so I could be well informed to make a decision by February 1st (Lease term expires March 1st, 2017). I got a response from the landlord on 01/31/17 about the rent. There was no increase. The landlord is pushing me to sign the lease again so he can guarantee another year. I told him I was not given notice so the lease auto-renews on a month to month basis. Is this correct? Is the lease even valid? What rights to I have?

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My Rental Lease: Is this the proper way to do things?

By S Dell   
Posted on Feb 02, 2017 in Topic: General
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I've been leasing a home since 03/01/15. The lease I signed was the TAR-2001, the landlord used an agent to handle the agreement, but all responsibility was transferred to the landlord after the lease was signed. The landlord mentioned renewal about 2-3 weeks before the expiration of the term. No written notice. He also said the rent would increase. I signed it because it was so sudden. The renewal lease I signed was the same lease as before with white-out used over the dates and rent, no agent was involved. I requested that the owner tell me the rent in 12/2016 so I could be well informed to make a decision by February 1st (Lease term expires March 1st, 2017). I got a response from the landlord on 01/31/17 about the rent. There was no increase. The landlord is pushing me to sign the lease again so he can guarantee another year. I told him I was not given notice so the lease auto-renews on a month to month basis. Is this correct? Is the lease even valid? What rights to I have?
Status: Open
Viewed: 288
Asked by: Consumer
Posted: 2 months ago
Topic: General
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Bronze
Cuong Le
about 2 months ago
Hi. Take a look at your current lease agreement to see what it says about lease renewal and how many days you and/or the landlord should give written notice. Typically it's 30 to 60 days that you would let the landlord know you will not be renewing.

The proper way for the landlord to handle this is to provide you with a letter 30-60 days (what ever is written in the agreement) before your lease terminates that spells out rent increases if any and provide you the opportunity to let them know if you will be renewing or not. This way, it is clear to both sides and not last minute.

If you are unsure after talking to the landlord, you may want to get with an attorney to see what options you may have according to the contract. -Joseph


about 2 months ago
Diamond
Darby Grimmett
about 2 months ago
HI!

The lease will specify the renewal terms in Paragraph 4 of your lease. Typically speaking, notification of a renewal or termination (by either LL or Tenant) is 30 days prior to the end of the lease term (and must be delivered in writing). This is addressed in the first part of that paragraph. The second part of this paragraph addresses when a lease goes month to month (when neither the LL or the Tenant give the notice of termination for original lease term). It states that either party still has to provide written notice of termination for the lease to end. However, once it goes month to month "B" states the effective date of the termination. Most LLs choose the first box where it's effective the last date of the month following the month notice was given and rent will not be prorated. So, if you (or LL) give notice on 5/2/17 (after going month to month), in this scenario, the end of the lease term would be 6/30/17.

Technically speaking, only those members of the Texas Association of REALTORS should use TAR 2001 (which is the reason a REALTOR handled this the first time). I would definitely request a REALTOR review and assist with the preparation of any renewal (as you would do with any lease).

In sum, if neither you nor the LL have given written notice of termination (and you haven't signed a renewal lease), you will go month to month until the written notice is given by either party.

Let me know if you have any further questions!!

Darby Grimmett / KW / darby@darbygrimmett.com / 936-827-9217


about 2 months ago
Diamond
Francois Delille
about 2 months ago
Hello,
In short it is not the proper way. I own a property management company and I am familiar with these issues. I will not give a blank advice on a forum without seing the document. If your are wanting to move to another place or buy a home let us know, we will analyse your current lease and find a solution for you that protects your security deposit.
Best,
francois@coay-homes.com


about 2 months ago
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
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