allisonrossiter
Junior Member
What is the name of your state? Texas
I had a tenant who said in an August in an e-mail that she wanted to renew her lease for another year. Because I live overseas and my mom receives mail related to my house. And because I had surgery and complications therefrom, I didn't follow through to see if it had in fact been signed. It wasn't until December that I ascertained it had not been sent and asked the tenant to sign and send it. At that point she said she would respond as soon as the dust from her wedding had settled. A few weeks later, she said her parents had gifted her a house for a wedding present and she was no longer willing to sign the lease b/c she wasn't going to stay the full term.
Texas Property Code doesn't talk about this specific situation. The Austin Tenants' Council says that since she had no lease at that point, she's not responsible for reletting costs. I found another document 1995 Landlord/Tenant Supplement that states very clearly that oral leases are binding for whatever term stated (her e-mail states clearly renewal for another year). Furthermore, it says that absent a written agreement, if all parties behave as if the lease is continuing, it enters a secondary term of the same duration as the first.
Which is correct? Austin Tenant Council or this Supplement?
Many thanks!
I had a tenant who said in an August in an e-mail that she wanted to renew her lease for another year. Because I live overseas and my mom receives mail related to my house. And because I had surgery and complications therefrom, I didn't follow through to see if it had in fact been signed. It wasn't until December that I ascertained it had not been sent and asked the tenant to sign and send it. At that point she said she would respond as soon as the dust from her wedding had settled. A few weeks later, she said her parents had gifted her a house for a wedding present and she was no longer willing to sign the lease b/c she wasn't going to stay the full term.
Texas Property Code doesn't talk about this specific situation. The Austin Tenants' Council says that since she had no lease at that point, she's not responsible for reletting costs. I found another document 1995 Landlord/Tenant Supplement that states very clearly that oral leases are binding for whatever term stated (her e-mail states clearly renewal for another year). Furthermore, it says that absent a written agreement, if all parties behave as if the lease is continuing, it enters a secondary term of the same duration as the first.
Which is correct? Austin Tenant Council or this Supplement?
Many thanks!