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[clem84]

My lease is up July 31st, 2012. I gave a notice on July 1st that I intended to move out August 11th- this is a 42 day notice. The apartment complex states that in my lease I must give a 60 day notice to vacate. The lease also states:

""If we [the complex] require you to give us more than 30 days written notice to move-out before the end of the lease term, we will give you a written reminder not less than 5 days nor more than 90 days before your deadline for giving us your written move-out notice. If we fail to provide a reminder notice, 30 days written notice to move-out is required."


I never once received any kind of a written notice, and when inquiring about this with my apartment manager, they stated "We put a reminder notice on your door, we do that with all tenants"

When I stated that I never received that notice and that things have been taken off my door multiple times, as well as they didnt properly mail me a notice, they came back with "We dont have to- it was in your lease"

The thing that is frustrating is - YES, you DO have to- it states in your own lease that if I dont receive a written reminder IM only liable to give 30 days notice.

My question is this- is there any kind of TEXAS law that states how the reminder notice must be delivered, as the lease is sloppy and faulty for not stating how this reminder must be delivered. For all I know they never gave it in an attempt to bypass that part of the lease and force me into staying past my lease. This is not a good way of practicing business, and I need a professionals assistance in getting out of this month-to-month renewal.

[spengler]

Read the following regarding Texas state tenancy law:

"§ 94.055. NOTICE OF LEASE RENEWAL. (a) The landlord
shall provide a tenant a notice to vacate the leased premises or an
offer of lease renewal:
(1) not later than the 60th day before the date the
current lease term expires; or
(2) if the lease is a month-to-month lease, not later
than the 60th day before the date the landlord intends to terminate
the current term of the lease.
(b) If the landlord offers to renew the lease, the landlord
shall notify the tenant of the proposed rent amount and any change
in the lease terms. The notice must also include a statement
informing the tenant that the tenant's failure to reject the
landlord's offer to renew the lease within the 30-day period
prescribed by Subsection (c) will result in the renewal of the lease
under the modified terms as provided by Subsection (c).
(c) If the landlord offers to renew the lease, the tenant
must notify the landlord not later than the 30th day before the date
the current lease expires whether the tenant rejects the terms of
the offer and intends to vacate the leased premises on the date the
current lease term expires. If the tenant fails to provide the
notice within the period prescribed by this subsection, the lease
is renewed under the modified terms beginning on the first day after
the date of the expiration of the current lease term."

According to the above statute your landlord is obligated to send you notice to either vacate or renew. If it is a renewal you have 30 days before expiration of your lease to let the landlord know your intentions.

You have done this, regardless of whether or not you received the reminder from the landlord.

The statute trumps what is in your lease agreement.

[chason62]

Makes no never mind. You are well aware that your lease ends on July 31 and you do not get to extend the lease for 11 days by telling them you will not be out until Aug 11. They could let you go on month to month as of Aug. 1 and you pay the entire rent for Aug with no prorata for the other 20 days of August. Your argument is just not about what you think it is about. The sticking notices on doors is pretty lame as an excuse for not spending a lousy 45Cents to make sure that the tenant receives official documents but that is a different deal.

[colfre]

Your lease expired 7-31 and you want to live there for another 11 days. By not renewing your lease, you automatically go to a month to month. That means your new tenancey agreement begins August 1st. So, technically, you will have to pay the full month's rent for August.

Just try to revise your move out date to August 31st and that will give them the 60 days notice they require.