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Updated over 11 years ago on . Most recent reply

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Jasmine Lamb
  • Austin, TX
0
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Unique situation, unsigned lease

Jasmine Lamb
  • Austin, TX
Posted

I live in Texas with my boyfriend and our roommate in an apartment. She was the initial tenant and we moved in with her about 6 months into a year long lease. My boyfriend got a job which will start in a few weeks in another town and we have not yet let her know that we have found another place closer and plan on putting the deposit down this weekend.

The office of the apartment is extremely unorganized and they forgot to make her sign the lease before she moved her stuff in. She has been paying rent and utilities on time since moving there and they have had no problem with her until she complained about something and they noticed she had not signed her lease. They left a copy of the lease on the door for her to sign and return and she is refusing, trying to use the lease as some sort of blackmail for the building to give her something for free (I know, I know). We are also not on the lease obviously.

We intended on telling her our plans to leave last night and came home to discover she had been terminated from her job. We really want to give her at least 30 days to decide what she wants to do. My big question is can she leave the apartment as well if she decides to without anything showing up on her rent history since she did not sign the lease. I am trying to come up with a list of options for her besides just finding some stranger off Craigslist to take over our room.

Thank you so much in advance for your help!

Most Popular Reply

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Andrea M.
  • Real Estate Investor
  • Hampton, VA
109
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562
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Andrea M.
  • Real Estate Investor
  • Hampton, VA
Replied

since she didn't sign the lease, by default she may be on a month to month, which would be based on your local/state tenancy law. I would tell her as soon as possible of your intentions to move into your own place, so she can make some informed decisions about her living arrangements. If she decides to move out since she has lost her job, she should give her 30 days notice in writing and keep a copy for herself, in the event the apartment complex decides to sue her .Is it an option for her to move in with you guys? At least until she can get another job?

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