Can They Force Me to Sign a 7 Months Apartment Lease?

Updated on February 05, 2008
F. asks from Garland, TX
27 answers

Hello Mamas,

My apartment lease is up soon and I want to renew for another 6 months. Unfortunately, since I arrived in this complexe, three different companies have owned it and now the rules have changed. It used to be that we could lease for 6 months but now they have decided that the minimum should be 7. I don't want a 7 months lease. We may need to move soon but I want my daughter to finish her school year first. Then we will be able to find somewhere else. I want to be gone for the end of August, no later. If they force me, I will have to give up on my plans or pay some extra money for breaking the lease. Can they force me to sign up for 7 months?
Thanks a lot for your help!

What can I do next?

  • Add yourAnswer own comment
  • Ask your own question Add Question
  • Join the Mamapedia community Mamapedia
  • as inappropriate
  • this with your friends

So What Happened?

Thank you all very much for your advice. I went to talk to the new people at the office and they agreed on a new 6 months lease! Everything is fine!

Featured Answers

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

A.J.

answers from Austin on

I don't think they can force you to sign a 7 months lease. You can try to do month to month until you leave try that and see what happens.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

T.T.

answers from Houston on

It's hard to give you a definite answer without knowing what city you are in or if this is a privately owned property and what company manages it. Have you asked for a month-to-month lease? I'm in Texas and in this industry, and all leases state that they automatically renew on a month-to-month basis unless you give written notice to move or sign a new lease. There could be month-to-month fees as well. Hope this helps.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

E.C.

answers from Dallas on

I would ask the manager if she can negotiate a shorter lease. If she can't, go over her head to the corporate office. That almost always works! Usually it's a regional or area manager that you need & I would just tell them how you enjoy living there & while you realize they need to stagger their leases, you really need a 6 month term. I used to work in the industry-going to corporate almost always works! Good luck:)

1 mom found this helpful

More Answers

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

N.S.

answers from Sherman on

Hello
I am a x-apt. manager. They can only change your lease if it has expired. They can tell you it is changing when your lease is up. Read your lease it will tell you what they can do or not do. If you can not find what you are looking for ask the office to help you. That is what they are there for to help there tenants. If you do not get the help you need every state has state apt. inspectors. You should have it in your lease. If not it will be posted in the office area of the complex. the 7 month lease comes in play with specials. such as one month free or half month free is given on the seveth month

goodluck
n

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

K.D.

answers from Dallas on

I wouldn't think so unless you signed a new lease w/the new company or some type of contract that voids out the previous lease agreement that you signed. They SHOULD honor your previous lease agreement until the term of your current lease is up. May want to seek some legal counsel regarding this matter.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

E.H.

answers from Dallas on

It's a negotiated contract and there are choices on both sides. They can't make you do anything, but they can refuse to sign a 6 month lease with you. You could offer to go "month to month" which will likely involve paying a higher rental rate but you would have the freedom to leave with only 30 days notice. You could also tell them that if they are unwilling to sign a 6 month lease, you will be tendering your notice and finding a new property. I know you probably don't want to go through the hassle of moving, but the market is very good for renters right now and they may change their tune given the prospect of losing a tenant altogether. It is better to have a renter for 6 months than no months. Be sure to deal with a manager or as high as you can. Often the leasing agents are given guidelines that they do not have authority to deviate from.

Best of luck!

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

C.T.

answers from Austin on

A 7 month lease is not typical, but once your current contract expires you are subject to changes in rent & policies. Unfortunately, if it's in the paperwork, then yes, they can enforce it. Sometimes in this situation a company might make exceptions for current residents that previously signed with someone else. Have you actually talked with someone in the office who makes the decisions? See if you can get a month to month lease. If they're not willing to work with you, then you may need to move and sign a six-month lease somewhere else. I don't know the specifics of your situation, but the idea of allowing your daughter to finish the school year is noble, just may not be practical. If fate rolls the dice this way, remember a child is never too young to learn about life. If they won't work with you, don't get discouraged. This could be a blessing in disguise.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

W.P.

answers from Houston on

Dear F.:
No, they cannot force you. Yes, they can set the terms for a new contract. They can do 2 years minimum, if they want to. Chances are they won't find as many tenants.

Do the math. Ask how much month-to-month is. Six times that vs. the 7-month-contract might be about a wash. However, if you talk to the right person (like the other poster said, the higher the better) and tell him/her your plans on moving out, they may agree since you already live there. They would have to make an exception, but again they are free to make rules and they can make the exceptions. You don't have to agree, but if you want to avoid the extra search for an apartment and the extra move (and mail forwarding and and and), you may want to do the additional month. Plus, it may save you money on the move, if you can keep the apartment longer and carry items one by one to your new place rather than rent a big U-Haul.

Regards,
W.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

K.N.

answers from Dallas on

Hi F.. This is K. in Irving; I am a Realtor and I just joined the site upon the advice of a friend. Who knew someone would actually ask a question I could answer so soon! Unfortunately, the complex can set any lease terms they want. However, depending on how your current lease is written you may have some protection. It's improbable, but it's certainly worth it to check your old lease. Read the old lease carefully to see if it specifies what happens at the end of it and what the terms of a new lease would be. I promise I'm not fishing for business here - your question just happened to be what I do! If the lease is confusing email me at ____@____.com and I'll see if I can help you read it. With leases, landlords pretty much hold all of the cards on what they can charge - but the lease itself does more to protect the tenant. Hope this was helpful.

1 mom found this helpful

T.T.

answers from Dallas on

What ever decision you make GET EVERYTHING IN WRITING!!! With the changes in the companies, things get lost. Make sure that what ever agreement you make whether its a month to month lease or a 7 months or a negoriated 6 month every single detail needs to be in writing...

Good luck to you

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

M.E.

answers from Austin on

Call the Austin Tenants Telephone Counseling service at ###-###-####. I don't have a lot of experience in this area, but I have never heard of a leases other than 6 months, 12 months or month to month. I suppose July and Aug lease expirations are popular for school reasons. Be sure you tell the landlord you will move NOW if they won't give you what you want (that is if you are willing to/ and can). You might try a privately owned duplex, they tend to be more flexible with lease terms. Good luck.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

E.D.

answers from Dallas on

It may not be an option but you can always go month to month in most leases.
Your original contract is BINDING as it is the one you all signed. So, if it says you can go 6 months or month-to-month, then you should be able to.

Contact whatever the Texas Org is for fair leasing/tenants rights.
GOOD LUCK

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

K.S.

answers from Dallas on

Your only option may be to have a month by month rental agreement which might be a good bit more than you've been paying. Compared to an extended lease you don't need, it may be the best option.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

S.T.

answers from Houston on

Whatever you decide, don't break the seven month lease if you sign it. Just move out at six months like you planned and take that extra month as, say, storage space while trying to get set up in your new place and security that they won't put anything negative on your credit. It's not unusual for people to pay a month or two of their lease when they aren't actually living there. But if you break a lease that won't look good to future landlords or creditors.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

C.B.

answers from Houston on

No but you can see about a month to month lease.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

V.B.

answers from Houston on

They can make whatever rules they want, so you will just have to find a way around it. See if they have a month to month rate. If it isn't drastically more, it might be worth it for you to do that. If not, then I would say that it might be cheaper to pay the extra month's rent (that 7th month) and not break the lease since they will surely tack on extra fees for that. That way, you can move whenever you want, but you will have to pay that extra months rent. You will just have to see what the penalties are to see which option is cheaper. Best of luck to you. Rental companies can sometimes be difficult to deal with.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

L.M.

answers from Dallas on

They can't FORCE you to sign a certain lease, but they can limit the options to you. If that is the shortest lease option they offer, you have the option to sign that or go month-to-month for six months.

It would probably be less expensive for you to sign the 7 month lease if you plan on leaving in 6 months. You should figure up what is most cost efficient: going month-to-month, breaking the lease in 6 months, or just signing the 7 month lease.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

E.L.

answers from Dallas on

F.,
They can't force you to do anything. This is the classic moral versus legal struggle. Morally they should work with you so that your daughter can finish the school year. Legally they can do whatever they want to do. Just be careful about what you sign. If they have gone through so many management changes I'd assume they'd like to keep good renters such as yourself. If you break the lease that can go on your record and follow you around for years.
Good luck with this! :-)
E.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

J.J.

answers from Austin on

Yes, unfortunately they can. When your lease expires, the rules and rates can change. If they offer a month to month lease there usually is a premium added to the rent. If you do not fulfill the entire lease, then they can charge you a relet fee which is 85% of the current market rate and the last month of the lease that you did not fulfill. Not really worth it for one month more. If you are looking to relocate not too far away, I would just use that last month to find your new place, put down a deposit and enroll her in the new school before you move. This situation is workable even though you are mad at the moment. Don't let this situation spoil any plans you have for your future. I've learned that there is a solution for everything so just keep working toward your goal. Good luck!

P.S. I am in the apartment business if that helps.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

C.L.

answers from Austin on

You are bound to your original contract. If the new management came to you with your old contract, made addendums and you signed, then you are bound to those addendums.

If they were neglegent in reasessing contracts, then you can legally stay there for 6 months.

No one can rampantly change the rules without your signed consent. You have a right to a 6 month lease if that is what you initiall agreed to.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

J.J.

answers from Dallas on

As everyone else said, they can't force you to sign anything but they can set whatever terms they want. There is one thing that got me on a lease once that I want to point out to you just in case. Mine didn't expire for several months after my husband and I got married and I moved into his house. I was well aware that I knew I had to keep paying my lease and was willing to do so. However, there was a tiny little clause in there that actually said I couldn't even move out while I was still under the contract!!! Even when paying my monthly rent on time, if they found out that I was no longer living on the property, they could have charged me an abandonment fee as well as make me keep paying rent. My guess is that they would rarely ever actually do that so long as someone is paying, but I was pretty nervous for a while. I doubt it would affect you at all, but just something to keep in mind as you check out any new lease you may sign.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

S.R.

answers from Houston on

Hi F. ,

Stay with your plans. No one can force you to do anything. You have a choice. There are other options. Once your lease is up inquire about a month to month lease. Most apartment complex have this option. However your rent may increase alittle, it depends on what your current contract say or what your apartment complex has put in place for that option( rule). Then you can decide wether it's feesable for you to either renew your lease to a 7 month or go month to month. It will be your choice to decide.

God Bless,
S.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

S.L.

answers from Dallas on

Ask if you can go on a month to month basis, that 6 months are a given, but circumstances prevent you from obligating that 7th month. Do not sign anything unless the 6 months is in writing.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

S.M.

answers from Houston on

Is there an option to rent from month to month? This can be more costly, and there is the possibility that they would increase it even more. But it could be a way around the 7 month lease. It seems no matter what, you have to pay so much more for the convenience of customizing something to fit your life. Good luck! S.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

M.L.

answers from Dallas on

Read your lease and the one they say is now the current version. There is usually a month to month provision. If this doesn't work go to the school. Even if you move they will let you continue to have your daughter in the same school until the year ends. It will mean a little extra hassle for you but might be better than the alternatives you don't seem to want.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

B.M.

answers from Austin on

Well, they can't technically "force" you to sign anything. But they have the right to have minimums on leases, it's very common. A lot of offices will have a minimum of 12 months. I used to be in the industry, and this isn't uncommon at all. It is done especially at this time of year to prevent a ton of people moving out all at one time or a ton of renewals at one time. The end of the summer is a very busy season with college students returning, etc. and a heavy turn around can add to the busy move ins. You don't have to sign a lease that is 7 months, but they have the right to make that a policy. Your choices are month to month, move now, or sign a lease for the 7 months. Some times you can talk to them about your situation and they may be willing to compromise, but if not you may be stuck. You can also go to the corporate offices, as mentioned. A good company may compromise, but I've heard of nightmare companies that won't budge on a thing. Another thing to keep in mind is September is not a bad time to move. It may actually save you a bit of money. All the rush of moving has worn off and the specials will be better. And if you were to prelease something, I think the school districts will put you in the school she will be attending if you can provide a lease. Just some things to consider. Good luck!

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

V.S.

answers from Houston on

I personally have never heard of a 7 month lease. I've lived in 3 deffirent apartment complex and have never come across that. I've heard of 1 year, 6months, and month to month. Do they have a onth to month? Check on that and maybe that would be your best option.godd luck!!!

P.s.

If three different
companies have
owned that complex
you should have known
some kind of trouble
was coming.

For Updates and Special Promotions
Follow Us

Related Questions

Related Searches