What is the name of your state? Texas
Sorry this is long. I need some help. My mother bought a mobile home and began renting it out last year. She has no prior experience and had what looks like pretty poor guidance though this thing. The person who was helping her create the lease and whatnot is not around so now she has asked me to help since the lease is almost up. She is in over her head for sure, but she is a very kind lady who always puts herself in their shoes rather than worry about protecting herself.
-One line of the lease I had never seen before. It states: "Upon the greater of 30 days notice and any notice required under the Act, the Landlord may terminate this tenancy without cause or reason." Not sure how this may effect any of the issues I am about to address. It also states "Upon the greater of 30 days notice...the landlord may terminate this tenancy if the Tenant has breached any provision of this lease."
-The lease was signed on 2/25/18, and expires on 2/25/19. There is 1 person on the lease (the husband) and my mother was aware of the wife and young children, of course, staying there (but they are not listed on the lease). One of the rules of the lease states that no guests may occupy the property for longer than 1 week without prior written consent of the landlord. My mom said that she found out 2 months ago that 2 additional family members were living there and had been there for months. She verbally told them that it was against the lease and they nodded their head. They are still living there.
-There is considerable damage to the property. Some water damage in the bathroom from either overflowing bathtub or water spilling out while showering. There is a large hole in the wall behind the front door from the door hitting it. There were a few other things that I cannot recall at the moment, but not normal wear and tear. She only learned of these during the last walk through at the beginning of this month. All of these things are listed items in the lease that are subject to security deposit deduction.
-The main issue is that she has been asking them if they would be renewing their lease since November. The wife says, "Oh I've been meaning to ask my husband. We most likely will stay. We will let you know," or "We think so. We will let you know soon." I picked up rent with her for January and asked them again. They told us, "We need to discuss it still. We've been so busy we haven't talked about it." Busy since November? Okay. We waited, we called. Nothing. Yesterday I texted the wife from my phone (I only had her number that she gave us during rent pick up and his cell number on the lease is no longer in service), and I asked "Do you guys plan on staying in the property?" She responded with, "Yes, until the end of next month." I don't even know if a text message constitutes as a form of notice. I wanted to give my mom piece of mind but really wasn't expecting and answer.
-In the lease it states: "If the tenant fails to pay rent and is evicted or Tenant terminates or vacates the premises without giving Landlord 60 days notice, the tenant agrees security deposit will not be refunded.
What do we need to do at this point? I want her to communicate with them formally from here on because she cannot afford to mess it up. Since the lease expires on the 25th and not the 28th like a typical lease, what does she need to do? They absolutely did not give her 60 days notice. The only time they addressed it was in a text message yesterday to me (which is about 37 days from lease expiration) and does not give a date or really any explanation. Does she let the time expire the lease and just expect them to move out? Should she wait until they move out to create a written list of damages with $ amount to fix plus explain to them that they did not give her 60 days notice per the lease? When a lease is expiring, is she, the landlord, obligated to send out a "Since you won't be renewing your lease, be out by the 25th" letter or is that already a given?Between the extra people staying without permission, her grace with late rent every single month, the damage to the place, and not allowing her 60 days notice, she really feels fed up (and beating herself up). Where does she stand legally?
Thanks!!!
Sorry this is long. I need some help. My mother bought a mobile home and began renting it out last year. She has no prior experience and had what looks like pretty poor guidance though this thing. The person who was helping her create the lease and whatnot is not around so now she has asked me to help since the lease is almost up. She is in over her head for sure, but she is a very kind lady who always puts herself in their shoes rather than worry about protecting herself.
-One line of the lease I had never seen before. It states: "Upon the greater of 30 days notice and any notice required under the Act, the Landlord may terminate this tenancy without cause or reason." Not sure how this may effect any of the issues I am about to address. It also states "Upon the greater of 30 days notice...the landlord may terminate this tenancy if the Tenant has breached any provision of this lease."
-The lease was signed on 2/25/18, and expires on 2/25/19. There is 1 person on the lease (the husband) and my mother was aware of the wife and young children, of course, staying there (but they are not listed on the lease). One of the rules of the lease states that no guests may occupy the property for longer than 1 week without prior written consent of the landlord. My mom said that she found out 2 months ago that 2 additional family members were living there and had been there for months. She verbally told them that it was against the lease and they nodded their head. They are still living there.
-There is considerable damage to the property. Some water damage in the bathroom from either overflowing bathtub or water spilling out while showering. There is a large hole in the wall behind the front door from the door hitting it. There were a few other things that I cannot recall at the moment, but not normal wear and tear. She only learned of these during the last walk through at the beginning of this month. All of these things are listed items in the lease that are subject to security deposit deduction.
-The main issue is that she has been asking them if they would be renewing their lease since November. The wife says, "Oh I've been meaning to ask my husband. We most likely will stay. We will let you know," or "We think so. We will let you know soon." I picked up rent with her for January and asked them again. They told us, "We need to discuss it still. We've been so busy we haven't talked about it." Busy since November? Okay. We waited, we called. Nothing. Yesterday I texted the wife from my phone (I only had her number that she gave us during rent pick up and his cell number on the lease is no longer in service), and I asked "Do you guys plan on staying in the property?" She responded with, "Yes, until the end of next month." I don't even know if a text message constitutes as a form of notice. I wanted to give my mom piece of mind but really wasn't expecting and answer.
-In the lease it states: "If the tenant fails to pay rent and is evicted or Tenant terminates or vacates the premises without giving Landlord 60 days notice, the tenant agrees security deposit will not be refunded.
What do we need to do at this point? I want her to communicate with them formally from here on because she cannot afford to mess it up. Since the lease expires on the 25th and not the 28th like a typical lease, what does she need to do? They absolutely did not give her 60 days notice. The only time they addressed it was in a text message yesterday to me (which is about 37 days from lease expiration) and does not give a date or really any explanation. Does she let the time expire the lease and just expect them to move out? Should she wait until they move out to create a written list of damages with $ amount to fix plus explain to them that they did not give her 60 days notice per the lease? When a lease is expiring, is she, the landlord, obligated to send out a "Since you won't be renewing your lease, be out by the 25th" letter or is that already a given?Between the extra people staying without permission, her grace with late rent every single month, the damage to the place, and not allowing her 60 days notice, she really feels fed up (and beating herself up). Where does she stand legally?
Thanks!!!
