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[warton26]

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.

[rumford]

Talk to a lawyer

[josephus]

First of all, the only method of notifying someone of an impending action, is with a written letter delivered by registered mail. This requires a signature from the recipient that lets the sender ( the landlord ) know that you ( the tenant ) have received and accepted the registered letter/notice. Placing a notice on your door may be standard practice, but that action does not guarantee the sender that you have received the notice because there are no witnesses that you received delivery, unlike a registered letter that the postal worker watches you sign for. Some type of legal counsel may be able to tell you exactly what type of notification is acceptable in this instance, but as far as I would be concerned, I agree with you, this isn't a proper method of corresponding. It really comes down to their word against yours that a notice was given by them. They are supposed to be business oriented, so I would think they would use a more "legal" method of delivering this type of notice, even if they knocked on your door until they could place it in your hand personally. Good luck and I hope you can get a "legal" answer from someone quickly.

[newyddilyn60]

First of all, the only method of notifying someone of an impending action, is with a written letter delivered by registered mail. This requires a signature from the recipient that lets the sender ( the landlord ) know that you ( the tenant ) have received and accepted the registered letter/notice. Placing a notice on your door may be standard practice, but that action does not guarantee the sender that you have received the notice because there are no witnesses that you received delivery, unlike a registered letter that the postal worker watches you sign for. Some type of legal counsel may be able to tell you exactly what type of notification is acceptable in this instance, but as far as I would be concerned, I agree with you, this isn't a proper method of corresponding. It really comes down to their word against yours that a notice was given by them. They are supposed to be business oriented, so I would think they would use a more "legal" method of delivering this type of notice, even if they knocked on your door until they could place it in your hand personally. Good luck and I hope you can get a "legal" answer from someone quickly.

You have actually given your 60 day notice since you are still responsible for the entire month of August, even though you intend to move out on August 11. On a month-to-month lease, you are required to pay for the entire month even if you stay one day passed the scheduled monthly rental period which coincides with the end of a calendar month according to your particular lease. In your case, your legal move out date is August 31. Since you have given your required 60 day notice, the rest of your issues are moot.

Edit: Since you are staying beyond the regular lease term, you will automatically be entered into a month-to-month lease agreement. You are legally responsible for paying the entire month of August unless the apartment management moves a new tenant in prior to the end of your lease obligation. You will only be pro-rated for the time that the new tenant inhabits the apartment. You may not want to pay for the entire month, but you will be legally required to do so anyway.

[shipley]

What you want to do is irrevalent here you owe the full month of August. I know of very few places who pro-rate a months rent.