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All Forum Posts by: Pankaj Malik

Pankaj Malik has started 1 posts and replied 8 times.

@ Theresa, The ONLY doubt in my mind NOW is if this -

My lease is a standard zillow generated lease. I did put in a bunch of things in the “Others” section (Filter replacements, landscaping etc etc) - “60 days of written notice is needed on either side for lease breakage”. 

Does this one clause allow me to send him a notice to break the lease without cause in Texas? The lawyer says he is pretty confident but since he has not read the entire lease, he says he can review it at additional cost if needed. Then he recommends sending a letter from his desk. I am willing to fork out additional dollars for latter but wonder if I should get the lease reviewed in detail too. I showed him the parts that talk about dates/term of the lease (one standard and other my “Others” note) and his high confidence we can use this clause stems from that. When I pushed him to be 100% sure, he said he will need to review the lease in detail to be 100% sure. 

He wasn’t too bothered about the retaliation angle btw. 

So I had a session with my lawyer. He advised against mediation as tenant has already become unreasonable with his demands. He browsed through the lease and recommended to use the 60 day notice clause in the lease to send a lease termination notice. Plus, he said let the tenant go to court as burden of proof is on him. Per him, Judge will see how unreasonable he has been in his itemized list and not award a windfall anyway. 

Update - Tenant has now requested County mediation to help resolve the dispute. I just got the email notice from County Dispute Resolution. 

I am thinking of taking that option and also discussing with a lawyer how I should prep for it. 

I’m just really surprised that the tenant is not taking the option to break the lease break with a $ number offered (1 month rent plus reasonable amount for parts of house he wasn’t able to use) that is within a couple thousand dollars of what he wanted anyway. 

Yes, In hindsight I should have asked the tenant to make a move out temporarily. Lesson learnt.

Tenant is current on rent, produced an ESA letter last night for pet and Tenants insurance was mandated by me in lease so he has that.

I do have a clause that says - 60 days of written notice is required on either side for lease breakage. I just don’t know if that supersedes Texas residency requirement and if I can enforce it in Texas. If yes, I would just serve this notice and wait for 60 days for him to move out. 

Lots of lessons learned and greatly benefitting from this wonderful forum. MANY THANKS for your inputs. 

Lastly, if I have made a note in lease that a 60 day notice is needed on either side to break the lease, can I just give the tenant a 60 day notice and break the lease or is that not allowed in Texas as state law (if any) supersedes anything I write in the lease. 

Thanks everyone for helping out a distressed soul!

Thanks - the unauthorized pet is a stray cat so not emotional support animal. The only reason I am not serving a notice to cure is because I’d rather they take the very attractive offer of lease breakage and move out - which they are not willing to. 

Thanks Theresa. The tenant already declined the lease break offer even with a free month thrown in. How do I go about evicting them if they are current on rent and unauthorized pet is the first violation. Lease does not end for many more months. 

Hi, My first post so Thanks in Advance. 

I have a tenant that moved in and reported Foundation and wobbly toilet upstairs. The contractor I hired finished the Foundation work in 4 weeks and tenant started reporting damages, thefts to items in Garage which contractor denied. While replacing the toilet, a burst pipe caused Cat 3 water damage that rendered large part of downstairs kitchen and upstairs bathroom unavailable and cordoned off for repairs . I involved insurance, remediation, restoration and they all did their part and finished in 2 weeks. Tenant chose to stay in house during repairs citing Renters insurance declined coverage. During this time, tenant complained of cross contamination, claims got nail in foot while in kitchen - all the same time accessing these areas to take pictures etc. Tenant also claimed possible mold, rotted subfloor etc, which Remediation said they found no evidence of. Contractors also saw an unauthorized pet during this time, which tenant confirmed. I offered to break the lease but tenant did not take it. 

Months later, Tenant is now claiming close to 10K. Itemized breakdown has ridiculous amounts for damages, thefts of toolboxes, medical claim, loss of use etc. When advised to claim from Renters insurance, Tenant wants my Landlord insurance policy number and claim number, which I am not comfortable giving. Reason given is to file claim with Renters insurance. I offered a month’s rent in addition to what was reasonable for loss of use of 7 weeks of garage and 2 weeks of kitchen/bathroom unavailability (adjusted for back rent for unauthorized pet) but no response from tenant other than pursuing legal option unless I share Landlord insurance details. What should be my course of action- I really don’t see the tenant appreciating what has been done and would rather break the lease. 

Thanks!