Landlord Breaches Signed Lease

Summary

Erica and her husband signed a lease agreement for an apartment in Texas. The landlord also signed the lease, but later decided to rent the apartment to someone else without providing a valid reason. No payments were made by Erica and her husband as the landlord agreed to wait for the payment. The landlords decision to breach the lease agreement could lead to legal consequences in Texas. Erica and her husband are seeking legal advice to enforce their rights under the signed lease agreement.

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Me and my husband signed a lease for an apartment, the landlord also signed the lease and told us the apartment is ours and that he'll wait for us to pay him to give us the key but the landlord turned around and texted my husband and told him that he was gonna go with someone else even though all * of us signed the lease already
What state are you located in, ****? This will help me provide the most accurate information regarding your lease agreement.
Texas
Did you provide any deposit or advance rent to the landlord? In Texas, once a lease is signed by all parties, it becomes legally binding.
No, he wanted us to pay both the deposit and rent together, we told him we can pay the deposit right now but he said no, that since it's after the 1st he wanted both deposit and rent, before we all signed the lease, he sent me a message saying that after me and my husband signed the lease and once he gets the deposit he'll sign the lease but he signed the lease before we paid him
Did the landlord provide any written notice or reason for not honoring the lease agreement?

In Texas:
- A signed lease is legally binding.
- Landlords cannot arbitrarily break the lease.
- Violations can lead to legal consequences.
No
What date was the lease supposed to start? In Texas, if a landlord fails to make the dwelling available on the agreed date, you may terminate the agreement and get a refund.
July 29th
Based on the information you provided, it seems like your landlord may have violated the lease agreement. In Texas:

- A lease is binding once signed by all parties.
- If the landlord fails to provide the dwelling on the agreed date, you can terminate the agreement.

For further assistance, contact Texas Tenant Advisor at (*) *-*.
I don't want to terminate the lease agreement, I want the apartment still
What actions have you taken so far to resolve this issue with your landlord? In Texas, you may have the right to enforce the lease agreement in court.
Tried texting the landlord but got no response
Have you considered sending a formal letter outlining the breach of contract? In Texas, written communication can be crucial in legal disputes.
No, it's my first time having this problem
Would you like assistance in drafting a formal letter to your landlord outlining the breach of contract?
Yes
What is the complete address of the apartment you signed the lease for? This will be needed for the formal letter.
Crescent Village Apartments * Austin St, Portland, TX *
What is the full name and contact details of your landlord? This information is necessary for drafting the formal letter.
Alex Ayala (*) *-*
What is the duration of your lease agreement?
12 months
What is the monthly rent for the apartment as per the lease agreement?
$*
What is the total amount of deposit you agreed to pay as per the lease agreement?
$*
What is the exact date you and your husband signed the lease agreement?
*/*/*
What is the exact date the landlord signed the lease agreement?
*/*/*
What is the exact wording in the lease regarding the payment of the deposit and rent?
What do you mean?
Could you please provide the specific terms in your lease agreement about the payment of deposit and rent?
*.*. AMOUNTS DUE FROM TENANT UPFRONT *.*.*. Non-Refundable Fees $*.* Other fee(s): Cleaning fee due at signing. (See Section *.* below) *.*.*. Refundable Deposit $*.* Security Deposit due at signing (Section *.* below) *.*.*. Rent for First Month $*.* Prorated Monthly Rent for partial first month of the Term due at signing (See Section *.* below) $*,*.* Monthly Rent for full first month of the Term due at signing (See Section *.* below) *.*.*. Total Due Upfront $*,*.* due at signing. $*.* due at Start Date.
Did you have any written communication with the landlord about the payment plan that differed from the lease agreement?
Nothing written just verbally specified that the landlord is willing to wait for us to pay, we were waiting on a pay check to come in to be able to pay the total amount
Did you have any witnesses or any form of proof for the verbal agreement with the landlord about the delayed payment?
No, just me and my husband heard everything through phone
Did you record the phone conversation where the landlord agreed to wait for the payment?
No but I'm not sure if my husband has any text messages stating about the payment arrangement
Can you check with your husband if he has any text messages about the payment arrangement? This could be crucial evidence.
My husband said he doesn't have any texts messages regarding the payment arrangement, just the phone call
Did you or your husband inform the landlord about the delay in payment before the lease start date?
Yes
What was the landlord's response when you informed him about the delay in payment?
He said that's ok, I'll hold the apartment for y'all until y'all make a payment
What date did the landlord inform you that he was going to rent the apartment to someone else?
*/*/*
August 8th *
What actions do you want to take now against your landlord?
All I want is the apartment that is legally ours
What evidence do you have to prove that the landlord agreed to wait for the payment?
No physical proof, just verbal proof
What was the exact date of the verbal agreement with the landlord about the delayed payment?
Sometimes between July * * - august 1st *
What was the exact date you informed the landlord about your inability to pay on time?
July * *
What was the landlord's response when you informed him about your inability to pay on time on July *, *?
He said ok that's fine, I'll hold the apartment until y'all pay
What was the exact date you were supposed to pay the deposit and rent according to the lease agreement?
According to the lease, payment was due at signing but the landlord was willing to wait till we had the money
What is the exact date you planned to make the payment to the landlord?
We informed the landlord we would make payment on July 28th * but when my husband didn't get his check, we informed the landlord that my husband still hadn't received his check and the landlord said he'll wait for us to pay
What was the landlord's response when you informed him about the delay in payment on July 28th, *?
That he'll hold the apartment for us
What is the exact date you were planning to make the payment after the delay?
By this Friday august 4th *
What was the landlord's response when you informed him about your plan to make the payment by August 4th, *?
We didn't get a chance to tell him because he informed us yesterday on August 2nd * that he was moving forward with someone else
What was the exact wording of the landlord's message on August 2nd, *?
I'm sorry but I'm moving forward with someone else
What was your response to the landlord's message on August 2nd, *?
My husband responded back by saying, what happened to you saying you were gonna hold the apartment for us
What was the landlord's response to your husband's message?
The landlord never responded back
What was the date and time when your husband sent the message to the landlord asking about the agreement to hold the apartment for you?
August 2nd * sometime in the hour of 5pm
What was the landlord's response to your husband's message sent on August 2nd, * around 5pm?
The landlord never responded back
The landlord never responded
What was the last date you had any communication with the landlord?
August 2nd *
What was the content of your last communication with the landlord on August 2nd, *?
Text was our last form of communication to the landlord
What was the content of the last text message you sent to the landlord?
What do I do once my new landlord tells me he gonna move forward with someone else after signing the lease
Did you receive any written notice or reason from your landlord for this decision?
No
Did you make any payments or have any written agreement about the lease?
No payments were made and me, my husband and the landlord signed the lease
What is the duration of the lease you signed with your landlord?
12 months
What is the exact date you signed the lease?

In Texas, once a lease is signed, it's legally binding. If the landlord breaks it without a valid reason, you may have a case.
July * *
What is the date your landlord informed you about his decision to move forward with someone else?

In Texas, breaking a lease without valid reason can lead to legal consequences for the landlord.
August * *
What was the agreed move-in date on your lease?

In Texas, if a landlord breaks a lease without a valid reason, they may be liable for damages.
July * *
What actions have you taken since your landlord informed you of his decision?

In Texas, landlords can't break a lease without a valid reason. You may be entitled to damages.
Seek legal advice
What is the reason your landlord gave for deciding to move forward with someone else?
There was no reason given
What is the address of the property you were supposed to lease? This will help me provide you with the contact details of the nearest court.
* Austin St, Portland, TX *
What is the current status of the property? Is it occupied by someone else now?

In Texas, landlords are legally bound by the lease agreement. If they break it without a valid reason, they may face legal consequences.
Not to not our knowledge
What steps have you taken since seeking legal advice?
None at the moment
What is the name of the landlord or the property management company? This will help me provide you with the contact details of the nearest court.
Alex Ayala Crescent Village Apartments
What is the contact information of your landlord or the property management company?