Castroville, TX asked in Contracts and Landlord - Tenant for Texas

Q: My daughter lives in an apartment complex by university and I signed original lease as the guarantor.

After the first lease expired, my daughter signed an addendum with property management, but without my signature. Can you tell me if this is legal for the property management to hold that as a binding contract when I didn't sign anything for the new lease that started in Aug 2022. The property management told me it didn't matter since I signed the first one. When I look at the amendment to the lease it states "The landlord, resident (my daughter), and Guarantor are parties to the lease agreement for the premises described above (the "Lease Agreement"). Landlord, Resident, and Guarantor hereby modify and amend the Lease Agreement. They tell me that it doesn't matter if I signed or not because I signed the original, but everything that I am reading, I should have been notified and they need my signature for my daughter to renew lease. What if my daughter and I had a following out? Is this legal and do I have any justification for her lease to be terminated immediately?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: It depends on the language of the original lease and guaranty you signed.

Some give the Landlord and Tenant authority to renew, extend, or modify the terms of the lease without the express agreement of the guarantor.

You almost certainly don’t have the right to terminate the lease. If, under the terms of the documents, your guaranty no longer applies, your daughter and her landlord still have a lease.

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