THIS IS HAPPENING RIGHT NOW - 3/14/2007 @ 4:30PM

I HAVE WRITTEN TO KEYE 42

Hello Keye 42,
In regards to the San Paloma Apartments filthiness and undone repairs on my brother and my move-in date (apartment 1014). There is a Clause called "Delay of Occupancy" in the Texas Apartment Association Lease Contract, which clearly states that if the apartment is not made ready due to cleaning issues or repairs that we have 7 days after from the effective move-in date to terminate upon receiving a written notice from the property. We have not received a written notice, but a call was made stating that the apartment wasn't ready for March 5, 2007 (original move-in date) and that March 8, 2007 is our new effective Lease Contract date for all purposes. We attempted to move-in on March 8, 2007 after 5:30PM (signing of new contract), but came to find out that the apartment was extremely filthy and much needed repairs were required (ie, toilet & tubs filthy, kitchen cabinets sticky and filthy, kitchen cabinet falling off wall, etc.). I dropped off the repair forms on March 8, 2007 at 7:15PM in the office drop box with 33 items needing cleaning and repaired with a written paragraph explaining our disappointment and how the filthiness and repairs inconvenience both my brother and me, causing us to make other living arrangements. We advised the property manager on March 9, 2007 around approximately 12:00PM that both my brother and I would like to terminate our lease based on the filthiness and repairs, and asked if there was anything in the Lease Contract that would allow us to terminate, the answer was No , which was a complete LIE. After further research, my brother and I discovered that the Delay of Occupancy Clause allows us the right to terminate with no fault. San Paloma s maintenance crew went into the apartment on March 9, 2007 to work on the 33 listed items to make the apartment ready to be occupied, but we prefer to move-out. As of today 3/14/07, we met with the leasing staff and they will not accept our written termination request. THEY stated that we must fulfill the lease and there was nothing they could do about it. This is extremely frustrating as we have written documentation explaining the filthy issues and a written request fully explaining the circumstances requesting that we be allowed to terminate with no fault based on the Delay Of Occupancy Clause. Within the request, our early termination move-out date from San Paloma Apartments is March 15, 2007. We will take legal action to get San Paloma to relinquish our first month rent and deposit(s). I watch Keye 42 resolve issues like this, so I am pending a call from Keye 42 to further assist our case. DO NOT MOVE HERE -- YOU WILL NOT BE TAKING CARE OF, PERIOD...................

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User Responses
From: Anonymous	Date: 03/31/2007
Yea. That new manager doesnt know what the hell she's talkin about. I have called several times concerning somethin on my lease, and she NEVER calls me back or will never take my call if she is actually there...plus i've been told something different everytime i speak to her. is she retarded?Sure, she's cute, but that's about all she has good about her....

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