What is the name of your state? Texas
My wife and I are about to purchase our fist home, in fact we close at the end of the month.
Last year when we signed our lease with our landlord, though a property management company, we agreed to a one year lease that expires on July 4th. However, a week later our landlord approached us that she would like us to move out at the end of May, or thereabout, for the prime renting season in our area, essentially changing the lease from a 12 month to a 9 month lease. We said that we would consider it.
When we were looking for homes it was our intention to move out in June or thereabouts. However, we did, for the sake of just finding out, ask our landlord if she would like us still to vacate early so she could rent the house earlier. She said that it would, and since we wrote a written notice to her summing up our discussion. Also, since we have had several conversations about pro-rating this upcoming months rent (May), and doing an official walk-through on May 13th, which she agreed to. Also, during this time she has placed the house on the market, though the property management company, for a move in date of May 15th. We have had several people walk through and look at the house over the past couple of weeks. Our mistake was in not getting her to sign a new agreement to this effect, though we have been planning to have her do this over the coming week.
However, today, she calls and wants to hold us to our lease date of July 4th, which legally she is entitled to do. Her reasons is that another tenant at another house is planning on moving out at the end of July and she is afraid of having two of here three homes on the rental market at the same time and afraid of the cash flow crunch.
Now, I do have here on voice mail, recorded now on our computer, leaving a message agreeing to all the above, i.e. the fact that we can vacate early, pro-rate the rent. But, it is not in writing, just a voice mail. Also, like I said she verbally talking to both me and my wife at separate times has agreed to the above, we just, like a fool, trusted this lady that she would hold by her word. Now she has broken it.
My question, is there anything we can do? Or are we just going to be shafted.
One other thing, she is trying to still rent the house for the same move in date, claiming that "hey if they rent it then you are Ok and won't be in lease anymore". She is trying to have her cake and eat it too. Which legally, another party can not enter a lease while we are still in one officially until July 4th. I am thinking that if she doesn't go back to her agreement of May 15th, that I am going to stick to the July 4th date, which is going to hurt her in renting the house earlier, since most of the people that have come by want to rent now, not in July (this is a college town).
Does anybody have advice?
John
My wife and I are about to purchase our fist home, in fact we close at the end of the month.
Last year when we signed our lease with our landlord, though a property management company, we agreed to a one year lease that expires on July 4th. However, a week later our landlord approached us that she would like us to move out at the end of May, or thereabout, for the prime renting season in our area, essentially changing the lease from a 12 month to a 9 month lease. We said that we would consider it.
When we were looking for homes it was our intention to move out in June or thereabouts. However, we did, for the sake of just finding out, ask our landlord if she would like us still to vacate early so she could rent the house earlier. She said that it would, and since we wrote a written notice to her summing up our discussion. Also, since we have had several conversations about pro-rating this upcoming months rent (May), and doing an official walk-through on May 13th, which she agreed to. Also, during this time she has placed the house on the market, though the property management company, for a move in date of May 15th. We have had several people walk through and look at the house over the past couple of weeks. Our mistake was in not getting her to sign a new agreement to this effect, though we have been planning to have her do this over the coming week.
However, today, she calls and wants to hold us to our lease date of July 4th, which legally she is entitled to do. Her reasons is that another tenant at another house is planning on moving out at the end of July and she is afraid of having two of here three homes on the rental market at the same time and afraid of the cash flow crunch.
Now, I do have here on voice mail, recorded now on our computer, leaving a message agreeing to all the above, i.e. the fact that we can vacate early, pro-rate the rent. But, it is not in writing, just a voice mail. Also, like I said she verbally talking to both me and my wife at separate times has agreed to the above, we just, like a fool, trusted this lady that she would hold by her word. Now she has broken it.
My question, is there anything we can do? Or are we just going to be shafted.
One other thing, she is trying to still rent the house for the same move in date, claiming that "hey if they rent it then you are Ok and won't be in lease anymore". She is trying to have her cake and eat it too. Which legally, another party can not enter a lease while we are still in one officially until July 4th. I am thinking that if she doesn't go back to her agreement of May 15th, that I am going to stick to the July 4th date, which is going to hurt her in renting the house earlier, since most of the people that have come by want to rent now, not in July (this is a college town).
Does anybody have advice?
John
