General Area in Houston>Question Details

Jason J Murr…, Renter in Houston, TX

CAN MY COMPLEX REFUSE TO RENEW, BECAUSE I REQUEST THAT MAINTENANCE IS NOT IN MY UNIT WITHOUT SOMEONE BEING THERE?

Asked by Jason J Murray, Houston, TX Wed Jan 25, 2012

Now I have very little time to search for a new place.

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Answers

11
Check your lease. Probably they can.

Seems strange, but that's what happens with leases.
Why waste your time being there when they need to do work?
Probably better that they not disturb you and let them get their work done.
0 votes Thank Flag Link Thu Jan 26, 2012
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
Happy New Year, Mr. Murray ! No one wants to be put in the situation of being accused of a dishonest act. Loosing the clippers is aggravating. Asking to be notified of scheduled maintenance so you can arrange your schedule would not be out of the question. Expecting them to wait until you arrive home after work would be out of the ordinary. Like most places the real work gets done between 7am and 5 pm. You might call a district supervisor and put it to them about your situation to see if something can be worked out or at least go month to month for a short term solution to have time to search for a new lease. Call me and I'll give you a pointer or two that you can do to be sure you get your deposit back. Loosing that would be even worse because you have control over it. Asking an attorney would be a good idea about your recourse. Call me and I may be able to guide you where you can get an inexpensive answer or two about that as well. If you still have to move then I will help you search for a new lease. Good Luck, Kathleen (281) 799-4002
0 votes Thank Flag Link Wed Jan 25, 2012
I appreciate the additional information. However, it doesn't change the basic facts.

Further, since you and your roommate work during the day, you'd essentially be denying access if you wanted to be there, or you wanted your roomate to be there.

And as I noted, at the termination of the lease either party can choose not to renew.

While I don't doubt your version of events, the office is right in that there's no proof of who took the clippers. And the value was low enough that it wouldn't have made much sense to file an insurance claim or to have called the police. If you'd taken it to small claims court (if you have it in Houston), you'd still have to show that there was a good chance that someone had taken the clippers and that the apartment complex was responsible.

Kind of caught between a rock and a hard place.

In a situation like that, you pretty much have to lock up any valuables when no one's around. Unless you want to go to the effort and expense of installing a hidden camera. (They're actually pretty affordable, and disguised as all sorts of things--clocks, soda cans, etc.)

Hope that helps.
0 votes Thank Flag Link Wed Jan 25, 2012
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
Contact
Jason,

Once a lease ends, neither side has any requirement to renew it, regardless of the reason.

Most leases (apartments and private leases used by Realtors) has a provision that allows the owner or owners agent access to the interior of a property for inspections, maintance and showing of prospective buyer/tenants regardless if you are there or not. I'm sure you aware of that by reviewing your contract.

They would typically give you some notice (30 days) to find a new place to lease. If you need assistance in finding a new home, please let us know.

Mark McNitt
Bernstein Realty
m# 832-567-4357
0 votes Thank Flag Link Wed Jan 25, 2012
The community has the right to gain access to your unit, TAA forms regulations unless otherwise notified. Real Estate agents are NOT to give legal advice is very true. I am simply letting you know my professional opinion. If you are unable to renew please, call me to find the best community that suits your lifestyle.

Joe Cano - Realtor/Locator
(281) 785-5132
0 votes Thank Flag Link Wed Jan 25, 2012
You should carefully read through your lease and see what requirements they ask of you regarding entering the property for maintenance. To be absolutely certain, it is best to seek the guidance of an attorney regarding your lease contract. Realtors and the like are not allowed to give "legal" advice :)
0 votes Thank Flag Link Wed Jan 25, 2012
i am learning a lot from you guys replies, but i will give you some more information on my issue.. My roommate and myself work during the day so there is no one at home in until after 5 pm, the property had some city workers going around checking the units for leaks, but on this day my 100 dollar clippers were taken. when i brought to the office attention it was like you can't proof it...so i just requested for maintenance to not come to my apt when i not there after that situation, beside the fact they always came in the apartment but never left a notice statement the reason for the visit,
0 votes Thank Flag Link Wed Jan 25, 2012
Based on information provided, Jason, maintenance must have an opportunity to enter a unit for repairs in order to upkeep, repair or keep your unit habitable. Of course upon request, you can deny them access, but every single time? Proof read your contract. Most communities use a standard TAA form. Keep in touch and good luck resolving the issue. I would love to assist you in locating another place.
0 votes Thank Flag Link Wed Jan 25, 2012
Perhaps. It depends on your lease, as well as (possibly) the law in Texas and in Houston.

I'm only guessing, but your lease probably allows maintenance personnel to enter your unit upon reasonable notice, unless there's an emergency--in which case no notice is required.

I'm not a lawyer, so what follows is not legal advice. For that, you need a lawyer.

If your lease contains a provision similar to the one I've described above and now you're imposing an additional condition (that you be there) that isn't provided for in the lease, then you're violating the lease. You agreed that maintenance personnel could enter your unit (with no provision as to your presence), and now you're saying: "No. Though I signed my name agreeing to that, you can't come in unless I'm there." If that's the case, then that would be a lease violation.

Again, I'm not a lawyer and I don't know what your lease says. My only point is that it IS possible that your complex can choose not to renew your lease.

Beyond that, I'm not sure that--even if you were 100% in conformance with your lease--that the complex is required to renew your lease. They've got the right to allow your current lease to expire, just as you have the right to move at the conclusion of your lease. Unless your lease specifies that it's automatically renewed, then either party has the right to cancel.

But for a valid legal opinion, you need to consult with a lawyer.

Hope that helps.
0 votes Thank Flag Link Wed Jan 25, 2012
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
Contact
Generally, they can refuse for no reason at all. But like employment, there are certain reasons they CAN'T hold against you. Your insistence on no maintenance while you're not there, however, while understandable and reasonable, and their refusal to accept it, is simply two adults unable to come to an agreement.

Sorry, Charlie.
0 votes Thank Flag Link Wed Jan 25, 2012
They can refuse to renew for any reason, or no reason at all.
0 votes Thank Flag Link Wed Jan 25, 2012
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