Tenant Contract

My friend had to cancel a apt contract due to financial reasons. She signed the contract on a Friday and decided she couldn't afford the apt so she turned the key in on Monday. They kept the deposit and first month's rent which is OK but now she has a collection agency trying to collect the relenting fee and other charges. I though any contract was canelable withing three days of signing it?? State is TX

Dear tombor:
I think the "3 day cancellation if I feel like it" clause you're referring to is a consumer protection law implemented in some states (I don't know if TX is one) designed to protect consumers from over-zealous salespersons. Since apartment leases aren't consumer leases, I doubt that such a law would help your friend. This matter is going to fall under the landlord-tenant law applicable to your friend's jurisdiction and that law varies, not only state to state, but sometimes county to county. I recommend your friend first read the contract he/she signed. Is there a clause saying the deposit and/or first month rent is non-refundable? Is there a clause which says that if the renter breaches the contract, the renter is liable for additional fees/costs? If these clauses are in your friend's contract, he/she may want to have a local attorney take a look at the contract to make sure local law allows a landlord to charge these costs to the tenant. If these clauses are in the contract and local landlord-tenant law allows them, your friend is probably on the hook for these costs. If your friend can't afford a half hour of attorney time, he/she may want to go to the local bookstore, go the law section, and take a look at one of those "do it yourself" landlord-tenant books. Although most of them are geared for landlords, the books should tell landlords what they can and can't charge. Good luck to your friend...
cdcard

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tombor:
My friend had to cancel a apt contract due to financial reasons. She signed the contract on a Friday and decided she couldn't afford the apt so she turned the key in on Monday. They kept the deposit and first month's rent which is OK but now she has a collection agency trying to collect the relenting fee and other charges. I though any contract was canelable withing three days of signing it?? State is TX <HR></BLOCKQUOTE>

There is no 3 day right of recission applicable in a L/T lease. Tell her to pay for the re-rental fee, advertising etc. and consider herself lucky the place has been rented. Otherwise she would be liable for rent during the weeks/months the place was vacant.

In answer:

1) The '3 day' rule only applies to sales made in your home (and some additional 'high pressure' sales). For example, Texas also applies the 3-day cancellation rule to timeshare sales.

2) Look at the lease that your friend signed. I am sure that it has a provision spelling out what the landlord has a right to retain. The landlord is barred from keeping anything not specifically allowed by the lease agreement. (Most do allow to recover damages; lease while unit is vacant, etc.).

3) Finally, your friend is very probably liable for SOME damages that the landlord incurred due to her breach. However, she needs to be sure to get a full accounting in writing before making any payment. When received, review it for correctness and compliance with those 'reasonable' expenses actually incurred.

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!