L
Landlord in Texas
Guest
I am the landlord in Texas. (Member Texas Apartment Association and use their forms)
We have a lease with two people on it, in which on signed and initialed completely and the other one had not. (Second party did sign, but, we couldn't pick it up that day and the backed out the next). Is the one person still liable for the lease individually, or do we have to have both signatures for either of them to be liable? The first person also paid the first months rent and then put a stop pay on the check when they backed out...is this theft by check? We do have and are holding the deposit paid.
Second question: What is the law in connection with "completed forms" (Lease application). I was always told not to sign anything that's not completely filled out - can't we fill in the various information about the lease on the back of the application after the tenant signs if we haven't signed it yet? The area where the amount paid for deposit wasn't completed when the applicant signed the application and they are trying to use that as the reason that we can't hold the deposit, even though it states we can keep it as liquidated damages if they fail to sign the lease within 3 days of approval. They are stating it isn't a "valid contract" since some areas are left blank on their copy. What is the time frame required in connection with filling in all blanks? If they weren't comfortable signing the form with blanks, shouldn't they have either filled them in themselves or not sign it?
We have a lease with two people on it, in which on signed and initialed completely and the other one had not. (Second party did sign, but, we couldn't pick it up that day and the backed out the next). Is the one person still liable for the lease individually, or do we have to have both signatures for either of them to be liable? The first person also paid the first months rent and then put a stop pay on the check when they backed out...is this theft by check? We do have and are holding the deposit paid.
Second question: What is the law in connection with "completed forms" (Lease application). I was always told not to sign anything that's not completely filled out - can't we fill in the various information about the lease on the back of the application after the tenant signs if we haven't signed it yet? The area where the amount paid for deposit wasn't completed when the applicant signed the application and they are trying to use that as the reason that we can't hold the deposit, even though it states we can keep it as liquidated damages if they fail to sign the lease within 3 days of approval. They are stating it isn't a "valid contract" since some areas are left blank on their copy. What is the time frame required in connection with filling in all blanks? If they weren't comfortable signing the form with blanks, shouldn't they have either filled them in themselves or not sign it?