Legal Question in Landlord & Tenant Law in Texas

Never signed a lease but being held to reletting fee

The apartment complex I moved into never had me signed a lease. The computers were down due to power outtage. I went into the office several times to pick up keys and make complaints about the unit. After 3 months I am moving. They say even though I did not sign a lease I paid rent and signed an application which binds me to a lease agreement. They say that the texas apartment comission laws states that if i move into a unit and pay rent that i am agreeing to a lease. I never signed anything but the application which never listed the terms of the lease. I have submitted my 30 days notice and they tell me I must pay a reletting fee. Can I be held to a reletting fee when I never signed a lease?


Asked on 8/27/04, 6:37 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Never signed a lease but being held to reletting fee

If you did not sign a lease, you are a month to month tenant and they cannot make you pay a re-letting fee. You will probably have to litigate this, however. I'm pretty sure they will put it on your credit report. Make sure you give them written notice of your forwarding address and that you take pictures of the condition of your apartment when you move out. When you receive your security deposit statement (I assume you paid a security deposit) they will claim you broke the lease and owe a whole bunch of money. That is when you will want to take the offensive and sue them. Should you decide to do so, feel free to contact me; I handle these type cases.

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Answered on 8/27/04, 6:53 pm


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