texas lease lease-renewal
New manager will not accept renewed lease
<p>Suppose thsat a tenant in Dallas Texas was sent a lease renewal form via email for the tenant's electronic signature on February 28, 2022. Suppose that the form came from the tenant's previous management team, and  the tenant signed and returned  the documents senent by the management. Suppose that the tenant also saved one copy. Then on  April 25 and a NEW manager (who assumed this position in  March tells the tenant that the lease signed in February isn't valid. On being  asked &quot;why is that?&quot; she stated that the previous manager didn't EXECUTE the lease, Suppose the manager says that  therefor she has came up with her own month to month rent for The tenant.</p>
<p>The manager  never sent the tenant a written letter asking anything about the lease  nor did she present a new lease for this new amount.</p>
<p>Has the manager acted lawfully? What recours does the tenant have?</p>

<p>The wording of the original lease and the renewal form are vital here. The Texas Property code, Title 8, chapter 92 is the relevant state law for residential tenancies. It neither forbids nor guarantees a right of renewal. That is left up to the lease agreement. However, it does require a landlord to provide a tenant with a copy of any signed lease promptly.</p>
<p>Specifically <a href="https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm#92.024" rel="nofollow noreferrer">Sec. 92.024.  LANDLORD'S DUTY TO PROVIDE COPY OF LEASE</a> provides that:</p>
<blockquote>
<p>(a)  Not later than the third business day after the date the lease is signed by each party to the lease, a landlord shall provide at least one complete copy of the lease to at least one tenant who is a party to the lease.</p>
<p>...</p>
<p>c)  A landlord's failure to provide a complete copy of the lease as described by Subsection (a) or (b) does not invalidate the lease or, subject to Subsection (d), prevent the landlord from prosecuting or defending a legal action or proceeding to enforce the lease.</p>
<p>(d)  A landlord may not continue to prosecute and a court shall abate an action to enforce the lease, other than an action for nonpayment of rent, only until the landlord provides to a tenant a complete copy of the lease if the tenant submits to the court evidence in a plea in abatement or otherwise that the landlord failed to comply with Subsection (a) or (b).</p>
<p>(e)  A landlord may comply with this section by providing to a tenant a complete copy of the lease:</p>
<p>(1)  in a paper format;</p>
<p>(2)  in an electronic format if requested by the tenant; or</p>
<p>(3)  by e-mail if the parties have communicated by e-mail regarding the lease.</p>
</blockquote>
<p><a href="https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm#92.003" rel="nofollow noreferrer">Sec. 92.003</a> provides that:</p>
<blockquote>
<p>(a)  In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process is determined according to this section.</p>
<p>(b)  If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process.</p>
<p>(c)  If Subsection (b) does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent for service of process unless the owner's name and business street address have been furnished in writing to the tenant.</p>
</blockquote>
<p>Dallas municipal law prohibits retaliating against a tenant who complains about improper conditions or requests maintenance, but says nothing about lease renewals.</p>
<p>Under ordinary contract law, an offer and acceptance makes a contract, <strong>unless the parties have previously agreed otherwise</strong>.</p>
<p>Moreover, demonstrable practice can make or confirm a contract. If the tenant has paid rent for either March or April in reliance on the renewal agreement, and at the specified renewal rate, and that rent has been accepted, that may well constitute ratification (and thus execution) of the renewed lease. This is if the new lease would hav started before the April rent was due.</p>
<p>So the tenant may well have the right to enforce the terms specified in the February renewal form. However, this will depend on what those terms are, and also what renewal provisions, if any, were in the original lease.</p>
<p>It might be a good idea to send a letter to the landlord and manager, saying that the renewal form that you signed constitutes an acceptance of their offer, and thus a binding contract, and asking for a signed copy as per section 92.024, mentioning the section number. If it were me, I would send such a letter by both email and USPS certified mail, to both the manager and the landlord, if I had both addresses. I would keep a copy of any communications, and make them all in writing from now on (email is writing, legally). In any case the tenant would be wise to continue to pay rent on time in the amount specified on the renewal form, by some traceable means such as a check, money order, or credit card. I would be sure to use a method the original lease listed as acceptable, or that had been used in the past, except for cash. If I used a check, I would write &quot;payment in full for rent of {address} for {month}&quot; on the back</p>
<p>The tenant would be wise to consult a local lawyer who specializes in tenant's cases, there seem to be quite a few. There is a local <a href="https://hccdallas.org/" rel="nofollow noreferrer">housing crisis center</a>. It offers regular (twice a month) legal clinics with volunteer lawyers, and can be reached at 214-828-4244 or info@hccdallas.org. Such a center might be able to recommend local lawyers. Often an initial consultation with a lawyer on such a matter is free or at a low charge.</p>
<p>It would probably be a good idea for the tenant to take some action fairly promptly.</p>
<p><a href="https://www.law.cornell.edu/uscode/text/15/chapter-96" rel="nofollow noreferrer">15 U.S. Code Chapter 96</a> (the federal e-sign act) (section 7001) provides that:</p>
<blockquote>
<p>(a) In general -- Notwithstanding any statute, regulation, or other rule of law (other than this subchapter and subchapter II), with respect to any transaction in or affecting interstate or foreign commerce—<br />
(1) a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or enforceability solely because it is in electronic form; and<br />
(2) a contract relating to such transaction may not be denied legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation.</p>
</blockquote>
<p>Also the <a href="https://www.uniformlaws.org/viewdocument/final-act-21?CommunityKey=2c04b76c-2b7d-4399-977e-d5876ba7e034&amp;tab=librarydocuments" rel="nofollow noreferrer">UNIFORM ELECTRONIC TRANSACTIONS ACT (1999)</a>, which has been adopted by Texas, allows but does not require the use of electronic signatures. Thus the tenant;s email response ought to be a vald means of forming a contract.</p>
