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Rhomey

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Posts: 8
Reply with quote  #1 
I rented my clean and updated front duplex apt. to a semi retired single lady with cat, whose apartment had flooded 2 times. She was a refugee from a bad situation and abusive landlord, she said. She wanted to move in the next day so she gave me $600, $234 prorated rent until the 3oth and the remainder towards the deposit. Rent is $785 ABP. She wanted to pay on the 15 of each month and agreed to pay again on the 1st for 15 days and then begin full rent on Oct 15.
(Her financial situation was adequate and so did a call to a previous landlord.) The lease is 14 pages so she signed the last page and we agreed the next day we would go over each page together and initial each pg. The terms of the lease were discussed prior to her moving in. She moved in. When I returned the next day, it was a different person. Demanding and curt. She is stressed and tired and having a bad day, she says. She wanting to read the entire lease and as she went over each page, argued, found something wrong with almost every section, her tenants right infringed, she couldn't pay that much, etc. She asked for various freebees and I did agree to a microwave but did not agree to a lower deposit. This went on for an hour. She never initialed any page of the lease and gave it back to me for corrections. She said the bedroom carpet smelled like cat urine and I said there has never been a cat in there and it was just steamed.   Last night she appeared at the door of the side #B tenant 5 minutes after she got home asking to see her lease, arguing about the shared utilities, my unfair lease, and why she doesn't get the driveway. Wanted to view her internet modum and routers.  She called her again late at night and went on about this. She called me this morning instructing me to call the cable company and add this and that to the bill. OK. I made a big mistake with this woman. Too many flags here and this woman does not respect boundaries. She is manipulative and displays a variety of unhealthy behaviors. I told her on the phone this morning that we are not a good fit. I have flexed and tried to acomodate her and I don't think I can make her happy and I have been miserable for 2 days. I told her to please move out. She is paid until the 30th and then I will give her back the $366 deposit money and we can both move on. She immediately called the other tenant and blamed her for my request by reporting the events of the last evening.
So is the unfinished lease binding? I have the only copy and it is marked with her additions, strikes, and rewrites, but no pages are initialed. She has a receipt showing rent paid until the 30th of Sept. I am hoping she will leave peacefully. If not what are my choices? I am in Texas.


OHlandlord

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Posts: 3,734
Reply with quote  #2 
She signed the lease as is.  No changes or alterations to it.  Tell her she can honor the lease as it was written and she signed it, or you will allow her out of the lease.  Her choice.  Let her know that she has signed the lease already.  It cannot be changed now.  I'm betting she will suddenly want out.  If she doesn't immediately want out, she will want to continue to negotiate.  Just keep saying no.  NO changes, no concessions, no alterations.  Exactly as written.  Don't allow any concessions or agree to do anything more than what is already done.  After a day or two of getting no where, she will either decide to accept it as written; or as I suspect, she will want to take the out.

The lease doesn't have to be initialed on every page.  It would be nice and a good way to show that no page has been changed.  But since she wrote all over it, she will have a very hard time saying that you changed any page.  Just state that she wrote those changes and that you did not agree to them.  I would even attach a note that you did not agree to any change and that she signed the lease as is.  You have in your possession, a signed legal lease.
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