Need help, renting in Texas.

[nycneedhelp]

Hi, everyone, first of all thanks to everyone for reading my post and spending your time to answer my question. I really appreciate. Here is my question:

I am trying to rent an apt in texas (dallas suburbs) and the apartment is not vacant till 10 th of June. I have cleared all the documentation formalities like paying the deposit, credit check verification etc and everything is clear. Apartment rent is $1050 per month. Now the landlord is asking me for the month of june prorated, I need to pay $1153 for 20 days. I asked him why, since its only for 20 days. He says that if i dont occupy the apartment on 1st of month, then the prorated rent for that month would be based on the market rate, which would be $1400 per month. Is this legal? Because I am not moving into the apt on 1st because the apartment is not ready and not because I dont want to go. Secondly my lease actually starts on 10th of june, doesnt that mean that the prorated rent should be based on the rent that I am going to pay? Could someone help here, since I am particular about getting into that apartment because of schools etc. Also, I have paid the security deposit and they have run the credit check etc. So, what should I do in this case? please help. Thanks.

 

[jharris352]

People are always asking if it is "legal" to do this or that in contracts. Unless something is a crime or against public policy it is legal. In this case you do not yet have an agreement unless you have signed the lease. You have two choices: 1. Acquiesce to the silliness of his demand or 2. Tell him that since there is not a meeting of the minds on the lease contract and hence no contract you will probably walk if he will not be reasonable. Afterall, why would you pay $1153 for 20 days and $1050 for 30 days. I simply would refuse. I would tell him that it is ludicrous that he wants to penalize you because he can not have the apartment ready until the 10th. In essence, he is trying to collect double rent for those 10 days. If he phrased it like that it would be illegal, but he is being sly. Tell him you will pay 20 days worth of 1050/mo or you are going to cancel your proposed lease and find another apartment.

If he refuses, I suggest you find another apartment. This will not be the last problem you have out of this landlord. In a year you will be here telling us about how he is unjustly holding your deposit. Good luck.

 

[nycneedhelp]

Thank you jharris, if I look at the need for the apt, i would pay that damn money and will go ahead and take the apt, but this I have to do this by taking injustice. Somehow my inner conscious does not allow me to do it. Haven't made up my mind yet. But will soon. Thanks for a very meaningful reply.

 

[army judge]

Hi, everyone, first of all thanks to everyone for reading my post and spending your time to answer my question. I really appreciate. Here is my question:

I am trying to rent an apt in texas (dallas suburbs) and the apartment is not vacant till 10 th of June. I have cleared all the documentation formalities like paying the deposit, credit check verification etc and everything is clear. Apartment rent is $1050 per month. Now the landlord is asking me for the month of june prorated, I need to pay $1153 for 20 days. I asked him why, since its only for 20 days. He says that if i dont occupy the apartment on 1st of month, then the prorated rent for that month would be based on the market rate, which would be $1400 per month. Is this legal? Because I am not moving into the apt on 1st because the apartment is not ready and not because I dont want to go. Secondly my lease actually starts on 10th of june, doesnt that mean that the prorated rent should be based on the rent that I am going to pay? Could someone help here, since I am particular about getting into that apartment because of schools etc. Also, I have paid the security deposit and they have run the credit check etc. So, what should I do in this case? please help. Thanks.

Hmmm, why not pay for the whole month of June?

That is less than the prorated amount.

Or, change your move-in date to July 1st!

Brother Harris is, of course, right with his response and legalities.

You can outsmart this guy.

Think outside of the box!

 

[jharris352]

I like the idea of telling him that you will just take the apartment on July first. He will certainly balk at that and then you can say, fine, I'll take it June 10th if you stop trying to screw me! You are from NYC and he is from Texas, I'm a southerner who speaks Northern pretty well. Never discount that you are a Yankee in a foreign land!

 

[nycneedhelp]

No the problem is this, I am ready to take the apt on 1st, but the previous tenant does not move out until 30th and he needs one week to fix it. So, thats why he is not ready to give the apt till 10th, but putting that burden on me.

 

[army judge]

No the problem is this, I am ready to take the apt on 1st, but the previous tenant does not move out until 30th and he needs one week to fix it. So, thats why he is not ready to give the apt till 10th, but putting that burden on me. ggggggggrrrrrrrrrrrrrrrrr...Is it just me who thinks that texas is a landlord friendly state, even when they are wrong?

Au contraire, mon ami, Texas is a very tenant friendly state.
Texas takes individual rights and freedoms very seriously.
It comes from the early days and fights for Texas independence.
Please, do not bad mouth Texas until you know what we're all about.

It is also a very debtor friendly state, too.
In Texas, your wages are protected from attachment or garnishment, except for debts owed to the government.
Your home can not be sold from under you for debts you owe.

You have a lease.
Your landlord is being unreasonable.
The landlord is trying to gouge you, not Texas law.

You might be better off delaying your arrival, or staying in a hotel until 1 July.
Your landlord knows you're desperate, and he's gouging you.
How do you know the apartment will be acceptable to your standards with only 10 days to get it ready?
What if it isn't ready?

You might be pushing it a bit.
Things move slower in the south.
You have other options.
You could stay at a Value Place (like hotel) for about $200/week.
Consider other options.
You give in to his extortion now, he'll do this again!

 

[nycneedhelp]

Sincere Apologies, Did not mean to offend anyone here. Infact, will correct the statement that I wrote. Yes you are very correct, it is this one silly landlord who is doing this. State is a very good state. Other than that, thank you so much for your valued response. I really appreciate it. Thanks again army judge.

 

[nycneedhelp]

will be changing the lease document for the lease to start of 1st of june 1st , will be paying one full month rent, but will not moving until 10th of apt. I know its still a ripoff but its a little less rip off. didnt have much choice. damn apt management..

 

[army judge]

will be changing the lease document for the lease to start of 1st of june 1st , will be paying one full month rent, but will not moving until 10th of apt. I know its still a ripoff but its a little less rip off. didnt have much choice. damn apt management..

There is usually a better and faster way to ameliorate a dispute rather than going to court.

Glad you found it.