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Is an email for a rental agreement legally binding in the state of Texas? And can an owner "double" charge for carpet?
Anonymous3 views2 answers
My husband and I have already signed a lease agreement. Since then, the owner is now charging us for the carpet to be replaced because of the previous owner. Apparently in TX, tenants cannot move in to an apartment with a pet if the carpet is less than 2.5 years old. Is this true? The owner is charging the previous tenant & us the cost of replacing the carpet. Our deposit is refundable. Is that legal to do? In an email by the property manager, she had agreed to move our move in date to August 20th. I responded back saying we agreed. Now she is saying that our move in date has to be July 25th. They are going to be sending us a new lease agreement to sign that includes are new move in date & the carpet deposit. Is the email between the two parties considered a legal agreement?
Your original lease should spellout all the charges. Your question sounds as if you signed and then a revised agreement was offered (move-in date and carpet).
The new contract appears from the limited information to be a way for the apartment to lock in the carpet charges and change the date. I am curious if the carpet fee is not a refundable pet deposit.
You do not owe anything to the apartment for the previous tenants damages, that is the apartments issue. On the other hand if it is a pet deposit that is fine. However, the signed contract is the controlling document at this time. If you sign a new lease then beware as Courts will hold you to what you sign.
The new lease will control the terms of your occupancy once you sign it and the landlord signs it. The landlord cannot hold you responsible for the condition of the property prior to your execution of the lease. If the property is in poor condition, it is important that you document the property's condition prior to moving in and have the landlord sign off on it.
