Eviction for unpaid cable bill ?

[kazooka]

TEXAS

When we renewed our lease we were not informed that we would now be required to subscribe to cable TV. Land lord claims to have informed us in july 2005, but we didn't even live here untill mid sept 2005 when we took it as a sublet. We were not informed of the problem until 3 month after renewing our lease at which time we where asked to pay the back cable bill. We didn't.

The lease does mention cable charges but it does not say that cable is mandatory or that you are signing up for it by signing the lease. At the time of signing when we came to the cable portion we told them that we were not signed up for cable and they said not to worry about it, it didn't apply to us.

Now the landlord is claiming that the unpaid cable constitutes unpaid rent and wants to evict us over it. It we do not pay it they say they will not accept the rent. It is my understanding that texas landlord tenant law does not allow a landlord to claim late fees or other charges against the next months rent, and that the landlord must remedy it some other way. Am i wrong? Is this legal?

Does anyone out there have any advice?

 

[justalayman]

who are you leasing from now? are you no longer a sublet?

If the lease is as you posted, the LL has no claim but since we cannot read the thing, you might be better off taking it to a local attorney and paying the fee to get thier opinion.

 

[nextwife]

who are you leasing from now? are you no longer a sublet?

If the lease is as you posted, the LL has no claim but since we cannot read the thing, you might be better off taking it to a local attorney and paying the fee to get thier opinion.

Was the sublet done with the building managment's approval? Or was the sublet directly from their tenant?

 

[kazooka]

we did the sublet through the managment (sept 2005-feb 2006) and took over for the remainer of the lease, then we renewed the lease when it ran out in Feb. 2006. We never heard anything about cable untill may or june 2006. According to them it wasn't madatory to have cable when we took the place but they let the tennants know in july 2005 that it would become mandatory.

they require 60 days notice not to renew a lease so i think we should have been informed no later than 60 days before the lease was up, not after it was sighned.

I would rather pay them nothing considering i wasn't even using the cable but my larger question is whether it is even legal to claim a cable bill as unpaid rent even if we did owe it. We have never been late on rent. It seems to me rent is rent and cable is cable. Shouldn't they just turn the cable off if it's unpaid for 6 months?

 

[justalayman]

Let's make this simple.

I presume the original lease did not require the payment for cable.

The new lease you signed with you as the actual tenant rather than a subleasor does have a new utility fee being the cable. Correct?

If so, you recieved your notice when you signed the lease, not after since it is part of the lease you signed. Where is your arguement since it is within the lease that you pay this utility?

If the required payment is not in the lease, then it is not enforcable.

So, please clarify that point. Is the requirement to pay for cable in the current lease?

 

[kazooka]

Like I said it's in there but it doesn't say explicitly that I must use the the service ot that I am being signed up for it. There or other things in there that I don't have like a garage and storage. I suppose next I will be told I owe for 15 months of garage?

If the landlord requires 60 days notice not to renew than legaly they should have given notice before that notice period expired. Otherwise I would not be making an informed choice. That is obvious. When I signed the lease it was already to late to give me notice.

You obviously don't know what your talking about since you didn't even try to answer my actual question.

 

[justalayman]

Like I said it's in there but it doesn't say explicitly that I must use the the service ot that I am being signed up for it. There or other things in there that I don't have like a garage and storage. I suppose next I will be told I owe for 15 months of garage?

If the landlord requires 60 days notice not to renew than legaly they should have given notice before that notice period expired. Otherwise I would not be making an informed choice. That is obvious. When I signed the lease it was already to late to give me notice.

You obviously don't know what your talking about since you didn't even try to answer my actual question.

which one?

heres one:

Does anyone out there have any advice?

I already gave it. Just for fun, post the pertinent clause concerning the cable, word for word. You are very nonspecific as to what it actually says
.

Heres another:

:Am i wrong?

I don't believe so so what the LL is doing is refusing to take a partial rent payment, or as you posted the info, it seems that way.

and the last one:

Is this legal?

I believe so. The next step is eviction for non-payment of rent.

Happy??

Now, where do find a requirement of 60 days notice to renew the lease? If it is in the lease, post it.

Where do you find any support for the requirement of prior notice for a new lease being different than the origianl one?
Again, if it is in the lease, post it.