Can lease be changed

[lealea1005]

What is the name of your state? TX

My daughter is a college student renting off campus. She recently extended her lease for another year. The original lease was signed in December, 2006. The rent includes all utilities and cable TV.

Last week, a notice taped to her apt. door from the rental office informed her cable tv would no longer be included in the rent, effective August 1, 2007. They would, instead, take $20 off the monthly rent (both options for basic cable are $40 in her area). She went to the rental office, with a copy of her lease, to ask them to show her the provision which allows them to change the lease. They refused, telling her it was "out of our hands". They then insisted that she sign a form agreeing to the new "ammendment" and, if she did not, they would recind the "favor" of lowering the rent $20, and she will have to continue paying her present rent. She did not sign it, telling them she wanted to run it by her father and I first.

She has gone over her lease and could only find a paragraph which states that neither she, nor the leasing agent could change any provision of the original lease or extentions without being mutually agreed upon.

My question is....if she refuses to sign the agreement, doesn't the landlord still have to abide by the lease and either continue to provide cable tv service or lower her rent the equivilent of what it realistically costs to obtain cable? Any other suggestions for her?

Thanks, in advance.

 

[BoredAtty]

The landlord must abide by the lease, just as your daughter must. If the lease states that cable TV is included in the rent, then the landlord is stuck.

 

[lealea1005]

The landlord must abide by the lease, just as your daughter must. If the lease states that cable TV is included in the rent, then the landlord is stuck.

Thanks. IMO she's a little intimidated by the leasing agent who is insisting she sign this agreement. What happens when she does not sign the agreement and they simply disconnect the cable? Can she put her monthly rent into an escrow account at the bank?

 

[BoredAtty]

If the cable is disconnected, then the landlord will have breached the lease (as you know). Generally speaking, your daughter would be entitled to a reduction in rent in an amount equal to the cost of the service.

As for the specifics of what your daughter can do, that often varies not only by state, but by county/municipality. A call to her local court may provide some answers. That said, my guess is that your daughter may file a suit against the landlord to have the cable turned back on, and may then subsequently deposit her rent with the court until the matter is resolved. The judge will determine how much of the rent is due to the landlord after considering the breach, and will give the difference back to your daughter. That may not be the practice in Texas, however, so please double check.

Before lawsuits are filed and things become miserable for your daughter, however, she may want to consider writing a letter to the landlord (also, a letter will be less intimidating for her than a confrontation in person). She can outline the following:

1. That the terms of her lease states that the landlord will pay for cable service (include a copy of the lease with the relevant portion highlighted);

2. That she has been made aware that the landlord will soon disconnect the cable service, and therefore, will breach the lease (include a copy of the notice);

3. That if a breach occurs, she will be entitled to a reduction in rent equal to the monthly service fees for cable (reference the statute below) and that she will not sign an agreement for a smaller rent reduction; and

4. That if a breach occurs and she is not offered an agreement for a rent reduction equal to the monthly service fees for cable, she will be forced to file a lawsuit and seek remedies available at law.



FYI:

§ 91.004. LANDLORD'S BREACH OF LEASE; LIEN.

(a) If the landlord of a tenant who is not in default under a lease fails to
comply in any respect with the lease agreement, the landlord is
liable to the tenant for damages resulting from the failure.

(b) To secure payment of the damages, the tenant has a lien
on the landlord's nonexempt property in the tenant's possession and
on the rent due to the landlord under the lease.

 

[lealea1005]

Thank you so much! I'll pass the info on to her.

 

[Who's Liable?]

Good job on teaching your children not to be bullied into signing agreements, and sticking to their guns! It would be great if she could gather all the other tenants into not signing as well!

 

[lealea1005]

thanks

Thanks.

Many tenants (students), signed their leases before leaving school for the summer and aren't expected to move in until after the cable is disconnected. Since notices were not mailed, but taped to doors, they aren't even aware this happened. When they come for their keys, they're in for an unpleasant surprise, especially those who pre-paid for cable internet. She did try knocking on a few doors with her notice in hand, but no one seems to want to rock the boat.

She wrote a letter last night and will hand deliver and mail certified RRR. Seems no one can/will give the the owner's address, and (surprise!) the website is "temporarily down", so she'll have it delivered in his name but to the rental office. She'll also call the county court today to get additional advice/information.

I'll update when all is resolved. Thanks again for all the help and encouragement.