Q: If my landlord gives me a fine for a "lease violation" for something that is not in our lease, how do I fight it?
Residing in San Antonio, TX, but our rental agency is in Houston, TX. We were given a warning, so I reached out to the violations office to try and get a resolution. The only response I received is a screenshot of the community guidelines that are posted on their website. After a few emails of me asking for them to provide where I signed anything agreeing to follow the rule/statute they are attempting to have me correct, they went silent for 13 days. Yesterday, we received a $50 fine on our balance ledger with an additional warning that not correcting the "violation" will incur another $50 fine every 10 days until it is fixed. I have been back and forth through the lease we signed as well as the rules and regulations we signed and am unable to find any mention of the regulation they are claiming we are violating. This is a new community and most of the residents I have spoken with also claim to be getting warnings or fines for violations that are not part of their contracts.
A:
You, along with other tenants, may file a suit for declaratory judgment asking the court to declare that you do not owe the fine because the regulation the landlord says you violated is on its website but is not one of the regulations included in your lease.
You should also include a request for a declaratory judgment that the landlord may not vary the terms of your lease merely by posting new or different regulations on its website and that the only regulations applicable to you are those set forth in, or incorporated by reference into, your lease agreement.
The advantage of seeking a declaratory judgment is that the Act allows (but does not require) the Court to award attorney fees as are equitable and just. So you could be reimbursed for some or all of your attorney fees.
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