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Seeking legal advice for apartment tenant issues

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Dolan W.
Attorney
5.0 (320)
10 Yrs Experience
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Customer:
Asked on Jan 21, 2025

Seeking legal advice for apartment tenant issues.

The complex in Austin, Texas, managed by ********. Below are the relevant details: Lease Expiry and Renewal: My lease for the apartment expired on December 31, 2024. Since October 17, 2024, I have been consistently requesting a lease renewal from the leasing office. They have assured me multiple times that they would send me the renewal documents, but to date, I have received nothing. Given that my lease has expired, I would like to understand the potential risks or consequences I may face for being out of contract in this situation. Notice Requirement if I Decide to Leave: If I decide to move out now that my lease has expired, am I still required to provide a 60-day notice to the leasing office, or does the expiration of the lease alter this requirement? Previous Concerns with Maintenance Staff: On [REDACTED], I sent the following email to the leasing office detailing an incident involving a maintenance employee, ******* ***. He entered my apartment without permission under the pretext of an emergency leak, even though there was no leak. My wife and young children were home at the time, and this situation was very distressing for us. Here is the full email I sent: Email to Leasing Office - [REDACTED]: Dear ***. *******, I hope this email finds you well. I am writing to bring to your attention a deeply troubling incident that occurred on [REDACTED], at approximately [REDACTED] involving one of your maintenance employees, ******** ***. On that day, ******** knocked on the door of our apartment, [REDACTED], while I was not at home. My wife was alone with our three young children: a [REDACTED] daughter, a [REDACTED] daughter, and a [REDACTED] son. ******** claimed there was an emergency leak in our unit. Despite being informed multiple times by my wife that there was no leak, he entered our apartment without permission. ******** proceeded to inspect several areas of our home, including my bedroom, where my [REDACTED] daughter was lying in bed watching cartoons in her underwear. This situation was incredibly distressing for both my daughter and my wife. He also inspected our bathroom, closet, AC, laundry area, and kitchen, ignoring my wife's repeated statements that there were no leaks. After leaving the apartment, ******** returned, stating that he had left a screwdriver inside. Given that my daughter was still in her underwear and my other daughter was using the bathroom, my wife offered to retrieve the tool for him. Despite this, ******** once again entered our apartment without permission, completely disregarding my wife's objections. ******** later claimed that he had a work order for the wrong apartment and left without offering any apology. His claim of an emergency water leak that could affect neighbors is questionable since our unit is on the first floor, and we have no neighbors below us. There were no visible signs of water damage, and I find his actions highly inappropriate. I have enjoyed living in this community for the past few months and appreciate the efforts you and your team put into maintaining the property. However, this incident has left me frustrated and concerned. I would appreciate hearing your perspective on this matter, as I would like to resolve this issue within the community without escalating it further. Thank you for your attention to this serious concern. I look forward to your prompt response. Sincerely, [REDACTED] [REDACTED] Retaliation and Employee Discipline: After sending the above email, I noticed that my roommate, who has been an employee at the apartment complex for five years and has never received any discipline, began receiving written disciplinary actions. This change in his record started immediately after I sent the email reporting the incident involving the maintenance employee. It seems to me that this may be retaliation in response to my complaint. Additionally, no action has been taken by the leasing office to address the original incident I reported. Given the circumstances, I would like to know: Are there legal risks or consequences for being out of contract at this point? Can I still move out without a 60-day notice due to the expired lease? Do I have grounds for a lawsuit against the staff at ******** apartments, especially if I am being retaliated against for reporting the incident? I would greatly appreciate your advice on these matters. Thank you for your time and consideration. Sincerely, [REDACTED]

Lawyer Dolan W.
5.0 (320)
Lawyer:
Answered on Jan 21, 2025

Hello *******! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: Tel me more about the violations. Were the violations employment-related?

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Customer:
Asked on Jan 21, 2025

Yes, they were employment-related violations. My roommate claims he was blamed for things someone else did. He is a Spanish speaker and told me that he tried explaining himself to the manager using a translator. However, the manager, who is also responsible for preparing the lease, shut him down in a condescending manner, saying something along the lines of, "I don't want to talk to you, I don't speak Spanish."

Lawyer Dolan W.
5.0 (320)
Lawyer:
Answered on Jan 21, 2025

Understood! So you're just wondering what your rights are here, correct?

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Customer:
Asked on Jan 21, 2025

yes, and if possible he wants to know if there are grounds for a lawsuit against the manager.

Lawyer Dolan W.
5.0 (320)
Lawyer:
Answered on Jan 21, 2025

Ok! Did you need to tell me anything else? If not, I can start with answering your question.

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Customer:
Asked on Jan 21, 2025

negative.

Lawyer Dolan W.
5.0 (320)
Lawyer:
Answered on Jan 21, 2025

Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long.

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Lawyer Dolan W.
5.0 (320)
Lawyer:
Answered on Jan 21, 2025

I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated. Let's address each of your issues independently 1. There are some risks here if your lease has expired and you want to leave sooner than 60 days. The law doesn't specifically require that the landlord renew your lease. The law does require that if you promised you would give a 60-day notice if you did not want to renew the tenancy, the 60 days sticks. If you move out before the 60 days, the law would allow the landlord to charge for the days the dwelling was empty. For instance, if you gave a 38 day notice, those remaining 22 days would need to be paid. So my strongest recommendation is to give as much notice as you can to vacate to limit your liability or to find a new tenant who can replace you and ask if they can just take over. 2. Generally, retaliation in CO is prohibited. Colo. Rev. Stat. §§ 38-12-509, 38-12-1203, 38-12-1205 Basoca;; the law says that if a tenant complains to the landlord or government agency or tenant is involved in tenants' organization. The issue for you here is that if the retaliation was related to your roommate, and not to you, then it'd only be your roommate who would have that cause of action. I'm also concerned that ******** may allege they have a right to manage their employees however they want and a lawsuit against ******** for something that happened to your roommate would likely be dismissed. Your roommate may have their own claim. 3. There is no Colorado statute or case law specifically defining a landlord’s entry rights. At Colorado common law, this means the landlord has a general right to enter. If there is an emergency, the law doesn't require the consent of the tenant to be present. So let me give you some suggestions:

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Lawyer Dolan W.
5.0 (320)
Lawyer:
Answered on Jan 21, 2025

For leaving the dwelling: I would recommend one of the following if 60 day sis just too long to deal with these clowns: 1. You could see if you can find a subtenant to rent it from you; 2. You can try to find someone to take over the lease agreement for you with the landlord's consent; 3. You could offer a settlement to the landlord, such as 1.5x the regular rent. 4. If you can't do either of those, then there is still some hope. Under the law, when a tenant breaks their lease there is an initial obligation or debt that is owed by the tenant to the landlord for any unpaid rent for the remainder of the lease. However, before the owner may make a claim for such damages, s/he has a duty to mitigate (lessen) damages by making a good faith effort to re-rent the unit as soon as possible to try to cover any potential loss resulting from the lease breaking. In other words, before a landlord can recover in court for the remainder of the lease, the landlord must make all reasonable efforts to find a new tenant to replace the old one.

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Lawyer Dolan W.
5.0 (320)
Lawyer:
Answered on Jan 21, 2025

For the issue regarding the entry and retaliation, what I would do is: 1. Ask them for who their lawyers are; 2. You may not have a strong case, but I would allege they are violating your right to quietly enjoy the premises 3. Specifically, what you can do to get them to back off is say: that under Colorado law, “any disturbance of the lessee's possession by his lessor which renders the premises unfit for occupancy for the purposes for which they were leased, or which deprives the lessee of the beneficial enjoyment of the premises, causing him to abandon them ...." Radinsky v. *571 Weaver, 170 Colo. 169, 460 P.2d 218 (1969) (emphasis supplied). This is the right of “quiet enjoyment” of the property. It also extends the landlord’s duty to manage other tenants under the landlord’s control who may be disrupting your quiet enjoyment as well.  4. You can state that in exchange for you NOT contacting legal or suing, that you'd like for them to just waive the 60-day notice or offer you an actual renewal of your tenancy. This may get them to think less about harassing you and more about settling with you. Does that help clarify things? I want to make sure I didn’t leave anything out.

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Dolan W.
Attorney
5.0 (320)
10 Yrs Experience
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Dolan W. on ContractsCounsel
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Dolan W.

Attorney
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San Diego, California
10 Yrs Experience
Licensed in CA
Purdue Law School

You need a lawyer who's more than just knowledgeable – you need someone who's on your side. That's where I come in. I'll be there every step of the way, offering clear communication and proactive solutions. Whether you're starting a business or navigating a complex legal matter, I'll help you make informed decisions and achieve your goals. I also have drafted many templates to save you money. Just use this link - https://www.contractscounsel.com/client/lawyer-profile/3764#Templates Why Choose Me? I put you first I'm proactive I'm efficient I'm accessible

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