Breaking apartment lease

[Limp Brisket 546]

Cypress, Texas

My stepfather passed away unexpectedly.  My mom will not be able to pay the $1900/month rent and is on the lease agreement along with my stepfather.  
 

I’ll be traveling there tomorrow to read over the lease agreement for clauses etc. and to move her out one way or another.

I’ve done some searching and found in some states where if a spouse dies and the remaining tenant is over 60 they’ll let you break the lease but I haven’t found anything for Texas.  What I did find was a bit vague.

Anybody here a tenant lawyer or familiar with situations like this that can advise?

Thanks

[William Wallace 106]

Used to be a Realtor, I would say one is on the hook for the duration of the lease under contract, Best to contact the person/company and see how they can work with you, Maybe just lose the deposit while they find a new renter, maybe no loss, Tell them they should be able to rent it for more.

Sorry for your loss.

Edited July 21, 2021 by William Wallace

[RPM 26315]

$1900 a month rent? WTeverlovinF?

[Sbbruin 21828]

Yeah, really depends on whether the rent is below market or not.  If it is, then they probably let you walk.

[Sbbruin 21828]

2 minutes ago, RPM said:

$1900 a month rent? WTeverlovinF?

Is this a lot or a little?  $1,900 out here gets you a shithole.

[RPM 26315]

Just now, Sbbruin said:

Is this a lot or a little?  $1,900 out here gets you a shithole.

Seems like a lot to me. I never had a house payment that high.

[William Wallace 106]

If her name isn't on the lease, she should just be able to walk away though IMHO.  Although I don't know how that works, Sue Her Husbands estate?

Best to just talk with them, in this climate it should be rented quick, and they don't have a loss and will work with you.

Edited July 21, 2021 by William Wallace

[TwiceHorn 31435]

1 minute ago, RPM said:

$1900 a month rent? WTeverlovinF?

Rents are staggering these days.

There was some survey or something that recently came out that an older, but well-maintained 2BR in a merely ok neighborhood (iow a very median rental) in the metropolitan counties in Texas is more than $1000/month.

[UTPhil2006 3801]

Who’s the management company 

[Parliament 14230]

Have a talk with the landlord and tell them what the deal is.  Good chance they'll let out out of it.

[Limp Brisket 546]

1 hour ago, UTPhil2006 said:

Who’s the management company 

Camden

[UTPhil2006 3801]

1 hour ago, Limp Brisket said:

Camden

Shoot me a PM. I can’t directly help but I can probably help. 

[Jerry Callo 8695]

The personal representative of your step-father's estate may be the best person to address the lease issues.  There was a law enacted recently allowing the right to vacate and avoid lease liability following a tenant's death.  There is a notice to be given by the personal representative.  The law is specific to a "sole" tenant, so it might not work in your situation.  Otherwise, it's just a process of negotiation with the apartment complex.

[TexasCPA 102]

On 7/21/2021 at 4:53 PM, RPM said:

Seems like a lot to me. I never had a house payment that high.

Houston inner looper checking in. I can confirm this gets you a decent 700 square ft apt these days. 

[Bernard 879]

Forget the lease language. Show up in person and negotiate with management. Explain the situation in a way where is makes it seem like you are helping them by:

1. Vacating the unit is a timely manner; 

2. Promising them that you will leave the unit empty, clean and damage free; and

3. Avoiding costly and time consuming eviction process.

Make it clear that you mom simply cannot afford to live there anymore. If they are convinced that your mom cannot pay, and is judgement proof, they will realize very quickly that is in THEIR best interest to have you mom vacate on friendly terms.

Bernard

[Parliament 14230]

And be real nice about it.  Most people out there are good people with good souls (ie, they aren't CR posters).  Appeal to their humanity and you're golden.

[Dennis Taylor 18807]

On 7/21/2021 at 4:57 PM, William Wallace said:

If her name isn't on the lease, she should just be able to walk away though IMHO.  Although I don't know how that works, Sue Her Husbands estate?

Best to just talk with them, in this climate it should be rented quick, and they don't have a loss and will work with you.

OP

On 7/21/2021 at 3:36 PM, Limp Brisket said:

Cypress, Texas

My stepfather passed away unexpectedly.  My mom will not be able to pay the $1900/month rent and is on the lease agreement along with my stepfather.  
 

I’ll be traveling there tomorrow to read over the lease agreement for clauses etc. and to move her out one way or another.

I’ve done some searching and found in some states where if a spouse dies and the remaining tenant is over 60 they’ll let you break the lease but I haven’t found anything for Texas.  What I did find was a bit vague.

Anybody here a tenant lawyer or familiar with situations like this that can advise?

Thanks

Reading = hard

[ROFL BOX 6647]

$1900 a month rent? WTeverlovinF?

Not uncommon for Senior apartment complexes here in Central Texas.

Sent from my SM-G950U1 using Tapatalk

[RPM 26315]

Jesus, glad I locked in with a 2 year old 3/2 repo in '01. That was $16k well spent.

[gmr548 16576]

Not uncommon for Senior apartment complexes here in Central Texas.

Sent from my SM-G950U1 using Tapatalk

I was going to say, the only way I can imagine an apartment in Cypress commanding $1,900/month is being a relatively new senior housing project. Otherwise that’s exorbitant for an apartment out there.

[gmr548 16576]

Jesus, glad I locked in with a 2 year old 3/2 repo in '01. That was $16k well spent.

lol, yeah, different worlds

[Limp Brisket 546]

I received a call from the apartment office yesterday.  They had been communicating with corporate who authorized full exemption of the one year lease that was just signed (would’ve started at the end of this month), waiver of the cancellation agreement ($6,000), and pro rated the final months lease payment from $1900 to $1,668.  

Paid the $1,668 and done completely.

I can’t say thank you enough to those of you who contacted a friend or a spouse in Camden Corporate and asked a favor on behalf of somebody you don’t even know.

This has been a tough transition for all involved not to mention expensive.  The apartment resolution is a huge weight lifted off of my shoulders for my Mom.

Thank you!