Legal Question in Landlord & Tenant Law in Texas

I recently signed a lease with an apartment complex catering to students (but not affiliated with my University in any way). At the time, the apartment was under construction, and the lease had an added construction addendum. When move-in time came, the apartment was not ready, and I had to wait an extra few days. At that time, I found out that they expected a full months rent for the three days the apartment was available for move-in. The lease period for the first month was only from the 23rd of the month until the 31st, but the apartment was not made available until the 29th. The exact wording of the relevant section of the lease is as follows:

"Even if we can�t provide your Bedroom to you when we�re supposed to, we won�t be liable to you for damages because of the delay, you just don�t owe us Rent for that period (but that�s the only remedy that you have)."

And from the construction addendum:

"Resident acknowledges that the Premises may not be ready for occupancy on August 23, 2014, the Starting Date of the Lease. Resident agrees that the terms of this Addendum provide the exclusive remedy for Resident for any such delay. In the event the Premises are not available on the Starting Date, Resident agrees to one of the following options, as indicated by Resident�s initials below:

...

Resident will make his/her own arrangements for alternate housing, and rent will abate until the Premises are made available for move-in. Resident will not receive a daily stipend, but will receive a one-time concession on the September rent payment in the sum of $300.00."

The landlord is saying that abate in this case means the same thing as defer, whereas I interpret it to mean that I don't owe them rent before I am actually allowed to move in (and they even conceded that it was a possible interpretation).

On top of it all, because of this disagreement, I won't even be able to move in until the first at the earliest. Can they force me to pay rent on an apartment for a month where I wasn't even able to move in?


Asked on 8/30/14, 9:44 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Because you agreed not to receive a daily stipend but a one-time concession of $300, you owe them rent for September less $300 but do not have to make a payment of any rent until they will allow you to move-in.

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Answered on 8/31/14, 7:01 am


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