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1/25/2018 7:38:29 AM
Posted: 7/13/2002 12:26:28 PM EST
Link Posted: 7/13/2002 12:31:05 PM EST
Check your lease. If you agreed to it in there it's binding.
Link Posted: 7/13/2002 12:43:01 PM EST
Originally Posted By jtw2: Check your lease. If you agreed to it in there it's binding.
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What he said. Here's my clearer definition: Your pretty well f&&&ed! (been there, fought that, lost that...)
Link Posted: 7/13/2002 3:11:46 PM EST
I've lived in the same complex for about 8 years now and have seen about the same amount of different owners and management companies. Until recently, this place has damn near turned into a dump. I have been getting notices from the new owners/managers lately telling folks they will fine them $25 to take their trash off of their porch and telling people to take down their Christmas lights. I'm hoping the place will start to look better or I will be moving shortly.
Link Posted: 7/13/2002 3:48:36 PM EST
Yes! They can! And, Thank God! I had a total slob living above me, after several "warnings", the Eviction Notice was served. I clean up after my dog!
Link Posted: 7/17/2002 8:54:38 PM EST
Link Posted: 7/17/2002 9:29:54 PM EST
It depends on your rental/lease agreement. I have seen a lot of strange rules that people agree to without realizing it. There are "upscale" places that require you to keep flowers planted on the balcony. Prohibit removing/replacing the window coverings. Prohibit barbeques with *any* flame. You can be fined for anything that is not according to the rules. Some associations will even abate the problem and send you a bill for correcting it along with the fine.
Link Posted: 7/18/2002 3:24:44 AM EST
[b]Welcome to Texas, DoubleFeed![/b] [:D] You've come to the just the right place, so step into my office and have a seat. Yes, [u]if[/u] you have signed a lease that permits a 'fine' then the apartment management company has the right to collect a fine. Now, most standard Texas residential lease contracts DO NOT contain a clause that would permit fines. And why is that? Well, a fine is in the nature of a forfeiture, and, as we all know, 'forfeitures are abhorred at law.' What your lease [u]probably[/u] provides is a reimbursement clause that permits the management company to recover any expenses that it might incur in 'cleaning up' after you or your dog, or whatever. There is also likely to be a 'termination' clause that permits them to terminate the lease in the event that you commit 'waste' at the leased premises. 'Waste' can include the act of not properly cleaning up your apartment! Now, with all that said, the amount of the fine that may be charged (if the lease contract permits it) cannot be unreasonable, either in amount or in the conditions in which it is applied. If it is, you can sue to recover any unreasonable fine in a court of law. But I can truthfully say, that in all my years of practicing in real estate law in Texas, I have never seen an instance where anyone was ever 'fined' by an apartment management company for any reason. So if the right exists, it is a very seldom used remedy in the realm of apartment leases. As my last piece of sage wisdom in this area, let me impart to you everything that you will ever need to know about apartment leases, deeds of trust, mortgages, retail consumer security agreements, and security agreements for the purchase or lease of motor vehicles. And you will always remember it, because it is in the form of a rhyming couplet: [b]'If you pay, you stay, if you don't, you won't!'[/b] Now, it's been a pleasure meeting with you, the secretary outside will present you with a bill for today's consultation. Have a good day. [:D] Eric The(YouDidBringYourCheckbookDidYouNot?)Hun[>]:)]
Link Posted: 7/18/2002 4:51:11 AM EST
Originally Posted By EricTheHun: [[b]'If you pay, you stay, if you don't, you won't!'[/b] Eric The(YouDidBringYourCheckbookDidYouNot?)Hun[>]:)]
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No where were you when I was taking Property? I love this quote!
Link Posted: 7/18/2002 7:22:16 AM EST
mmhmmm and what is your Reimbursment fee for this helpful information eth? another free month of AR15.com team service? [;)]
Link Posted: 7/18/2002 7:59:02 AM EST
No, [b]NOVA5[/b], everything I do here is recompensed by the love and admiration of all 'the little people.' [:D] So, [b]Fian[/b], you like that little rhyming couplet, eh? [:D] I've found that using that little phrase at closings is the best way of informing folks what all those documents they're signing actually mean! Eric The(GottaMillionOf'Em)Hun[>]:)]
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