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Your Questions About Apartment Lease Contract

December 31, 2012

John asks…

If someone from the military who gets BAH gets a divorce, can their apartment lease contract be broken?

Say the husband is in the military and the wife divorces him and he loses the BAH, and he also has an apartment lease contract in his name, would the military take care of the contract issue? How would the contract get broken?

Administrator answers:

No.

James asks…

Does my apartment lease contract resume after owner changes or new one goes into effect?

I have leased an apartment unit for about 2 years. Now it’s month to month. The owner of the apartment just announced that apartment has just been sold to a new owner. Will my existing contract become void and new one become valid when the ownership change takes place or will my old lease contract hold? How about in the future if I stay in my apartment for 5 years or 10 years. I live in Los angeles county by the way. Thanks alot.

Administrator answers:

Yes

Donald asks…

Can you cancel an apartment lease contract?

I’m a freshman in College in Texas and I just signed a lease contract yesterday, but I have decided to move somewhere else…
is it possible for me to cancel the contract?
or if not possible, can I just put my brother, who doesn’t make any money, as my guarantor so I can’t get approved?

Administrator answers:

If you already signed the lease it means they didn’t require a guarantor which means you can’t add one in now without their permission. Welcome to adulthood! You signed a legally binding contract which you are legally obligated to fulfill!

If your lease allows for it, you can sublet it to get off the hook. If this is allowed, get this in WRITING so you’re not stuck if the subletter bails.

Richard asks…

Opting out of my apartment lease contract?

I signed a contract to stay there for one year. After one semester, I want out of here. The leasing office said it would hurt my credit if I did that. Is it a bad idea to do this? I’ve paid all my fees on time and will pay any fees after opting out.

Administrator answers:

Bad idea. First of all, they can make you pay for the rest of the year and if they don’t, they can still report it to the credit burrows. I can guarantee it will really hurt your credit.

Paul asks…

Does an apartment lease contract appear on the person’s credit report?

I am pretty sure it doesn’t unless I don’t pay the rent and they need to collect something from me, but my mom is trying to give me some support on getting this apartment, and she does not want my stepdad to know about it. She is freaked out that it will show up on their credit report, so, I just wanted to run it by you guys and see if I really am correct on this issue.

Administrator answers:

You are incorrect. The fact that you are paying a lease agreement MAY (or may not) show up on your credit report, whether paid timely or not. If the particular landlord with whom you are dealing makes a regular practice of reporting the paying habits of all tenants to a credit reporting bureau, that will show up on your report.

If your mother co-signs as a responsible party on the lease, that may as well show up on her credit report.

Thomas asks…

Does anyone know the Texas laws on apartment lease contract( is there a 30 day notes or not?

I leased a apartment(6 mo.) and paided it in full.But when the last mo. we where not to out utill the 28.I though we where to be out at the 10th . So I went by and all my stuff was there and I looked at my lease and it was the 28.That was good but we had the Energy cut off so we would not have that to pay.When my husband went to get our things on the 16. all was gone.He asked where it was and thay said we had adandond the apertment.and we had to pay about 1000.00 to get it back.we tryed to get an attorey but time was going by and each time I would call and as about out stuff, thay acted funny,so we started paying them 200.00 a week( thay got 400.00 out of us) she said it was ok and we got the mony orders and hre ok. Then out of the blue she calls and says come get your stuff and we dont owe anything.But when we got to our stuff alot was missing.52 inc TV , computer, any thing with real vau to it .So what can I do?

Administrator answers:

Well, all apartments are subject to the Texas Apartment Association laws (google “Texas Apartment Association” to learn more).

NORMALLY, in order to consider a dwelling abandoned and to evict, a landlord in Texas has to get an order from a judge. If you received no legal notice on your door or in the mail, they are in violation of your rights. DEFINITELY get a lawyer if items are missing. I would suggest contacting TAA (see above) and ask what legal ramifications you have. If they are not TAA members, they are still subject to Texas law. If ANY items are missing and you can prove it (receipts of when you bought them and photos of them not being there, etc), they will have to purchase those items and may have to pay damages.

You need an aggressive lawyer. Call that apartment community’s competitor and ask who THEY would hire in a case like this- competitors always love seeing others go down and will push you in that direction.

I’m a former apartment manager and would NEVER have let this happen to ANY of my residents- it sickens me!

Maria asks…

How to break an apartment lease / cancel contract before moving in?

1. Will the manager usually let a tenant break a lease before even moving in?
2. Are there usually fees?
3. Can they legally keep the security deposit?
4. What are other important things to ask the manager / things the tenant needs to know?

This is in California. Thanks.

Administrator answers:

No they will not let you break the lease
Yes you owe 12 months rent
Yes

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