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Rent change raises questions about Austin renters' rights

05:51 PM CST on Monday, December 17, 2007

By OLGA CAMPOS
KVUE News

It might not be a happy New Year for some apartment residents who say they're being hit with a January 1st rent increase without warning.

The tenants say they're being threatened with eviction which raises questions about renters' rights.

Elizabeth Laird is not happy. Recently, she received a letter notifying her that effective January 1st, she would be paying the gas utility bill and for trash pick up.

The letter stated:

"January rental payments will not be accepted unless this addendum is signed and returned."

“If we did not sign the lease addendum authorizing them to charge for the utilties for which they were previously paying for that they would not accept our Janaury rent and then the eviction process would begin," said Laird.

"The only thing I can think of is its scarry. It's bully tactics," said Kathy Stark of the Austin Tenants Council.

The Austin Tenant's Council has been taking complaints from other apartment renters who received the same notice from the same property management company.

"All of a sudden they're being informed that they're gonna add 40 to 50 dollars more each month right at Christmas and they're being told if they don't do it right after Christmas, they're gonna be homeless,” said Stark.

The issue raises questions about renters’ rights and whether terms of a lease can be changed without warning.

"They certainly cannot do it in the middle of a lease term unless the residents agree to do so,” said George Allen of the Texas Apartment Association.

Ranier Management company oversees 17 apartment complexes in Austin with 3,000 tenants who received similar letters.

After complaints to the Austin Tenants Council and the Texas Apartment Association, the management company says January rent will be accepted and new fees will be added as leases are renewed.

Laird said that’s how it should've been handled in the first place.

"It should be handled as leases are renewed because it is a term of the contract and if that's to be changed it should happen when that lease expires," she said.

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