Austin, TX asked in Real Estate Law for Texas

Q: I have a issue for the rental properties, could you please help evaluate the case?

The problem is that the contract was from 3/1 /2020 - 3/31/2021 It was originally supposed to be for 12 months. The realtor agent, K, made a mistake on the contract, ending it at the end of March of 2021 instead of the beginning, making it a 13 month contract. I contacted the agent after I signed the lease a few hours later. The realtor agent, said the tenant would pay me the last month rent separately by emails. Per the contact, the tenant would pay the rent every 6 months: Rent to be paid in two installments, $14,400 due March 1, 2020, $14,400 to be paid Sept 1, 2021 (She made another mistake on the contract, but the tenant paid on 9/1/2020 ). However the tenant refused to pay the last month rent for the month of March 2021 since she claimed it was not on the lease. I asked the agent's help, she forwarded the emails between her and the tenant's agent. Then she said she isn't going to be involved. Can I take legal action agaist the agents since I paid them 1 month rent $2400

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1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Houston, TX
  • Licensed in Texas

A: I suspect that the lease agreement calls for monthly rent, paid in 6 month increments. Just because the lease is silent (if it is) on when other rent payments are due doesn't make it free. If that's correct, then I suggest you first sue the tenant for the unpaid rent, and find a new agent. If the lease really does appear to give a free month rent, look to your property management or listing agreement with the agent, and you may have a claim against them. If you're unsure, take both the lease and the property management/listing agreement to a lawyer for review.

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