Skip to content
Texas Real Estate Q&A Discussion Forum

User Stats

18
Posts
1
Votes
Jeremy Able
  • Canyon Lake, TX
1
Votes |
18
Posts

need help with terminating senior citizen lease in Texas

Jeremy Able
  • Canyon Lake, TX
Posted Aug 2 2018, 15:34

My mother has lived at an apartment complex for over 20 years.  They have recently changed management. Her lease was due to renew several months ago, but nobody gave her a renewal amidst the chaos of changing management.  She has continued to pay her rent every month. The new management has her going month to month (without a fee) until they can get everything in order and they have now given her a new lease which starts 9/1.

My mother is elderly and I asked her not to sign the lease without me reviewing it, but she signed anyway.  We are now looking at moving her into  a Senior Community asap.

How should I handle breaking this lease? She has just paid her rent for August but does not have a current lease agreement.  The one she just signed does not go into effect until 9/1.

Please help - thanks!

User Stats

1,193
Posts
964
Votes
Jim Cummings
  • Residential Real Estate Broker
  • College Station, TX
964
Votes |
1,193
Posts
Jim Cummings
  • Residential Real Estate Broker
  • College Station, TX
Replied Aug 2 2018, 16:31

@Jeremy Able

I would start with just the honest, Straightforward Truth of the Matter, and see if reason, logic and sympathy carries the day!

After that I would ask Management Company if they would accept some type of Severance Payment (1-2 Months) of rent until they can get the Apartment Leased. 

Worst Case, you can Break the Lease. Management Company is required by Texas Law to attempt to Mitigate the Loss - meaning they have to put the place up For Lease, and make an active effort  to get place leased. They can not just leave the place Vacant and NOT try to get a New Tenant.

Good Luck!  

User Stats

18
Posts
1
Votes
Jeremy Able
  • Canyon Lake, TX
1
Votes |
18
Posts
Jeremy Able
  • Canyon Lake, TX
Replied Aug 2 2018, 16:43

thanks!

BiggerPockets logo
Find, Vet and Invest in Syndications
|
BiggerPockets
PassivePockets will help you find sponsors, evaluate deals, and learn how to invest with confidence.

User Stats

1,165
Posts
742
Votes
Bart H.
  • Dallas, TX
742
Votes |
1,165
Posts
Bart H.
  • Dallas, TX
Replied Aug 11 2018, 20:07
Originally posted by @Jim Cummings:

@Jeremy Able

I would start with just the honest, Straightforward Truth of the Matter, and see if reason, logic and sympathy carries the day!

After that I would ask Management Company if they would accept some type of Severance Payment (1-2 Months) of rent until they can get the Apartment Leased. 

Worst Case, you can Break the Lease. Management Company is required by Texas Law to attempt to Mitigate the Loss - meaning they have to put the place up For Lease, and make an active effort  to get place leased. They can not just leave the place Vacant and NOT try to get a New Tenant.

Good Luck!  

I would start nice, but I would be a lot more forceful if they are unwilling to play ball.  (1 month TOPS).  Especially if they went on and had her sign after you told them she was moving out.  

I don't know her condition, but you could push the angle that they took advantage of an elderly woman knowing full well she intended on moving out.