Anton Hoffman, Owner, Villagio Apartments Breach of lease contract by adding additional water charges San Marcos Texas

On move-in day for my daughter's college fall lease period, she was forced, under duress, before she was given a key to the apartment, to which I signed a lease in Spring, to agree to pay a variable water fee monthly. This was not in the original contract, which I signed as Guarantor. She is under 21 years of age. I refused to sign and asked to speak with the owner. I was told by the Leasing Manager that he could not provide me with the owner's name or contact information. This is 'Student Housing', which is a misnomer, as the students have no recourse through the University. I was never contacted, as promised, by the owner.

My daughter began to be hassled about the water bill that was not metered. The reason given by the Leasing Manager, was that there had been a drought in San Marcos. I asked whether, when the drought cleared, that the water charge would be dropped. I was told 'no'. I spoke with a city attorney in San Marcos and he indicated that the Texas PUC rules, specified that 'submetering' had to be evidenced to support such a charge. The local water supply told me that the water rate had not changed for over a year. Therefore, the report of a drought was without basis for necessitating a separate water charge.

My daughter's two roomates were not required to sign such a paper for this during the same lease period as they moved in prior to the required move-in date, one actually moved in the day before and didn't have to sign such a paper. The other had resided in the apartment for the Summer prior to the Fall lease period.

I informed the apartment by fax and email on November 15, that we would not be paying the charge. I told them that this was an issue the owner needed to discuss directly with me. My daughter continues to get harrased and now they have threatened to charge a late fee, and posted this on her apartment door. This is outrageous, but apparently not unique in 'Student Housing' arrangements.

Something has to be done about this to protect the students and parents. This amounts to nothing less than blackmail, by waiting until the day of move-in to spring a charge on the tenant that was not in the original lease contract before a key is provided. In particular, the fact that this lease was signed by me in the Spring, for a Fall lease. I was never contacted about this or given an opportunity prior to move-in to locate another apartment for my daughter.

These 'Student Housing' arrangements also require that the entire year is committed without a 'break-lease' option. Therefore, all amount is due whether you decide to move out, without the ability to amend the lease contract, so how can the apartment complex do this with no recourse? Help!

Justice
Red Oak, Texas
U.S.A.