All Forum Posts by: Aaron W.

Actually I read line item paragraph 16 and they can increase rent

 I agree with what you are saying my ask is in an at-will tenancy after the original lease has ran out when you go on a month to month the terms and all conditions of the original lease is what is in effect hence rent can't just be verbally raised.  I would think they have to issue a notice of non-renewal.

Definitely aware that I cannot stay forever and they can raise rent but I am pretty sure they have to ask me to sign a new lease and if I do not agree to the terms of the new lease they need to issue a notice of non-renewal then at that time I have a decision to go with a new lease or move out.

I am just making sure as a tenant my rights are what I believe them to be.  I believe my tenancy is currently a tenancy at will.  My lease is up my landlord stated you can stay in the unit but if you are not signing a new lease your rent is gong to be $100 extra a month on a month to month.  My understanding is he is not following proper protocol.

I want to understand my rights and currently since the tenancy is at-will it should be based off the TAA contract I previously signed.  Now he can get me out of here by issuing a notice of non-renewal which has not been done yet or the notice of non-renewal issued will force me to act to negotiate a new lease agreement to be signed. 

I paid this months rent in the portal based off the original signed TAA.  The rent money is still sitting there as if the rent is not paid in full because the portal got changed to $100 extra a month just because he is saying it is.  I have not agreed or signed anything stating I agree to pay him an extra $100 a month.

Just hoping someone can respond and fact check a few things for me.

I know this is an old post but an extra point to take away is the deposit remittance is not enforceable unless there is a forwarding address in writing within 7 days of move out/eviction after that then there is the 4 year period that they have to request via certified mail return receipt requested.  After 4 years from the date of lease terminate or date of eviction there is no more requirement at the end of the landlord no obligation nada to do deposit remittance letter etc.

Tenants deposit was forfeited due to breach of contract it stated clear as day in the contract as such, but if they do request properly as mentioned in my first paragraph in this post then you are required to produce even if evicted you have to show them where their money went.  If they tenant follows proper protocol like Greg mentioned the 30 day clock to produce starts.

I do appreciate everyone that responded but there are some inaccuracies in some of the responses and if someone else hops on here wanting to learn I want them to have accurate info.

I had a tenant text the other day that they paid a deposit and never got a deposit statement and they were trying to buy a house and that this needed to be settled in court.  I saw this and was thinking you have to be kidding me but nope I am basically being threatened court over not providing a deposit statement on a forfeited deposit due to the lease being broken.  In the decade that I have been managing my own rental property this is the ONLY tenant that I have had to evict.  The tenant was a nightmare it was so bad that I hired a property management company to take over and deal with this idiot.  I know the reason for the comment is they applied to try to get a preapproval to buy a house and got denied because of the outstanding judgement with me.  Just for good measure I called the property management company and they did not get a forwarding address which I kind of figured as much, but they did tell me they do not do anything with deposits that is left up to the property owner.  The property management company did say that the normal course would be that the evicted tenant would give them a forwarding address and that forwarding address would be provided to me to do deposit statement though.

I spoke with the attorney office that did the eviction they said just ignore the text because since the request was not made via certified mail it is not an official request anyway so it does not exactly count.  They said that the tenant has 4 years from the time of eviction to make an official request for a deposit statement.  This person was the biggest most difficult idiot to deal with imaginable I am tempted to have an attorney send a cease and desist notification to not contact me.  I really can't stand this person.

Sorry for the background but is it even a thing to provide a deposit statement when the contract we were under was a standard TAR for Texas that states if there is a breach of contract the deposit is forfeited???  They were evicted for non-payment of rent.

I mean hell the contract clearly states what happened to their security deposit.

@Mark Rogers I see thanks so basically city code will come into play and you will still have to provide a habitable place to live for the tenant is the way I understand this

Google states the following

Arkansas is the only state in the U.S. without a “warranty of habitability,” which requires landlords to provide safe, clean, livable premises for their tenants.

Is there a contract that is cookie cutter that exist that limits my liability to the least amount of liability possible.

I have found a list of TAR form numbers there is a section on the original TAR for the pool addendum that is not long enough I would like to include additional details and would like to keep it professional curious as to what TAR form to use I was thinking something like this existed.

Below is a list of forms I have found.

http://www.teamprice.com/real-estate-forms.php

Electronic Deposit for rent tenant claiming mistake was made my understanding is if the money is not in the account I provided by the due date mistake or not by contract rent is late.  This is not my current situation but just a hypothetical scenario.

Thanks to all who reply