Contract?

These events produced a triable fact issue about whether the parties renewed a lease:

• On March 1, Property Manager emails Tenant about lease renewal, noting that “rent will be increasing to $2,275/month” from the current $2,200 monthly amount.
• That same day, Tenant responds that “yes, I would like to renew the lease. I will follow up this weekend with more information.”
• On March 12, Tenant sent a lengthy email about problems with her air conditioning, claimed roughly $4000 dollars in damages as a result, and ended: “I still intend to renew the lease and this settlement offer does not constitute a counter offer or rejection to your lease renewal offer on March 1 ….”
• On March 13, Property Owners’ counsel sent a notice of termination.

The Fifth Court noted: “Under the common law, an acceptance may not change or qualify the material terms of the offer, and an attempt to do so results in a counteroffer rather than an acceptance.” Bismar v. Mitchell, No. 05-21-00104-CV (Jan. 27, 2023) (mem. op.).