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[TX] Is a hand-altered early termination fee valid without the tenant’s signature or initials?
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I signed a Texas apartment lease with [business name redacted]. The Early Termination Fee field was originally $0.00, but it was later crossed out and hand-changed to $3,198.00 with initials I never provided myself. After move-out they billed me $8,449.29 total, including a $1,838.85 Lease Termination Fee, a $1,418.65 Reletting Charge, a $250 paint damage charge with no documentation, and a $3,997 "Concession Chargeback" never disclosed as repayable in the lease. Is the hand-altered early termination fee enforceable without my own signature or initials, can they charge both a termination fee and a reletting charge, and can they legally claw back a concession and undocumented damages like this?
I understand how concerning this situation must be for you. Can you please confirm if you have any written communication or documentation regarding the lease changes and charges?
Yes, everything is documented.
Have you already attempted to discuss these charges with your landlord or property management?
Yes, I raised this directly with the property management company before receiving this bill, and their response was simply to send me the $8,449.29 charge without addressing the hand-altered fee or the undisclosed concession chargeback. I've emailed back and forth with them. They're basically just stonewalling me.
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your lease termination fee.
No.
Hey there! Welcome to our service. I'm Andres Sanchez, an attorney with many years of experience helping with landlord-tenant issues. I understand you're dealing with a situation where your lease was altered without your consent, and you're facing unexpected charges. Have you considered any legal steps to address this situation?
Not yet, that's why I'm reaching out to you, to figure out what legal steps I should take to challenge this.
Could you tell me if your lease agreement includes any specific clauses about early termination fees or reletting charges? This will help us understand if the charges are being applied correctly.
Yes, the lease has an Early Termination Fee Option clause that was originally filled in as $0.00, then crossed out and hand-changed to $3,198.00 without my signature or initials on that change. It also has a separate Reletting Charge clause capped at $1,418.65, and they charged me both, plus a $3,997 "Concession Chargeback" that isn't described anywhere in the lease as something I'd have to repay.
Thanks for sharing those details. Have you received any written explanation from the landlord or property management about why these charges were applied, especially the concession chargeback?
I actually just pulled up their full move-out ledger, and it shows two separate termination charges, an "Early Termination Fee" of $1,359.15 and a "Lease Termination Fee" of $1,838.85, plus the Concession Chargeback is listed here as $4,497.00, not the $3,997 that was on the summary sheet they gave me. So there's a $500 discrepancy between their two documents, and I'm being charged two different termination fees on top of that.
Based on your situation, there are several legal arguments and considerations in Texas that could potentially support your case:
- Alteration of Contract Terms: In Texas, any changes to a lease agreement typically require the consent of both parties. If the early termination fee was altered without your signature or initials, it may not be enforceable.
- Double Charging for Termination: Charging both an early termination fee and a reletting charge could be seen as a form of double recovery, which is generally not permissible unless explicitly allowed in the lease.
- Concession Chargeback: If the concession chargeback was not disclosed in the lease as something you would have to repay, it might be considered an unfair or deceptive practice. Undisclosed repayment obligations of this kind can fall within the conduct barred by the Texas Deceptive Trade Practices Act (TX Bus & Com Code § 17.46), which makes false, misleading, or deceptive acts in trade or commerce unlawful.
- Discrepancies in Charges: The $500 discrepancy between the documents could indicate errors or misrepresentation, which might be challenged under consumer protection laws. It's also worth noting that any charge treated as a deduction for damages, such as the undocumented paint charge, generally must be backed by a written, itemized description under (TX Prop § 92.104), which governs how landlords account for damages and charges.
Let me know if you have any questions or clarifications, if not I'll move forward with guidance.
Yes, please go ahead and move forward with guidance on next steps, I want to formally dispute all of this.
To formally dispute the charges you're facing, here are some steps you can take:
- Review Your Lease Agreement: Carefully go through your lease agreement to identify any clauses related to early termination fees, reletting charges, and concession chargebacks. Since the early termination fee was altered without your consent, this could be a key point in your favor.
- Gather Evidence: Collect all documentation related to your lease, including the original lease agreement, any correspondence with the property management, and the move-out ledger. Highlight discrepancies, such as the $500 difference in the concession chargeback.
- Draft a Formal Dispute Letter: Write a detailed letter to the property management company disputing the charges. Clearly outline the issues, such as the unauthorized alteration of the lease, double charging for termination, and the undisclosed concession chargeback. Attach copies of all relevant documents.
- Request a Meeting or Mediation: Propose a meeting or mediation session with the property management to discuss and resolve the dispute amicably. This shows your willingness to settle the matter without legal action.
- Consult with a Tenant Rights Attorney: If the property management is unresponsive or unwilling to negotiate, consult with a tenant rights attorney. They can provide legal advice specific to Texas laws and help you understand your options, including potential legal action.
- Consider Filing a Complaint: If necessary, you can file a complaint with the Texas Attorney General's Office or the Better Business Bureau. This can sometimes prompt a resolution if the property management is not cooperating.
Please let me know if you have further questions.
- Early Termination Fee ($1,359.15) / Lease Termination Fee ($1,838.85): The lease's Early Termination Fee Option field was originally entered as $0.00, then crossed out and hand-changed to $3,198.00 without my signature or initials authorizing that change. This alteration is unenforceable, and I am additionally being charged two separate termination-related fees for the same event.
- Concession Chargeback: I was charged $3,997.00 on the summary statement and $4,497.00 on the move-out ledger, a $500 discrepancy between your own documents. Additionally, this chargeback was never disclosed in the lease as a repayable obligation.
- Damages, Paint ($250.00): No documentation (photos, itemized invoice, or inspection report) has been provided to support this charge.
I request that you provide the fully executed, unaltered lease showing my authorization for the termination fee change, itemized support for the concession chargeback and paint damages, and an explanation for the discrepancy between your two statements. Absent that documentation, I ask that these charges be reversed.
Please respond within 10 business days. I am prepared to escalate this matter to the Texas Attorney General's Office and pursue legal counsel if necessary.
Sincerely,
[name redacted]
Can I get your feedback on this?
Your letter is well-structured and clearly outlines the issues you're disputing. You've effectively highlighted the unauthorized changes, discrepancies, and lack of documentation. I would suggest ensuring that you send this letter via a method that provides proof of delivery, such as certified mail, to ensure you have a record of your communication. If you have any more questions or need further assistance, feel free to ask.
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