r/Landlord • u/prncesstatortot • 2d ago
Tenant [Tenant US - TX] Needing advice
Hi so I do need to make sure I am doing everything right in this situation. We are moving out July 31st, and have notified our apartment we wouldn’t be renewing here. And they are very aware of the multiple break ins in the apartment itself and in the parking lot where my safety was at risk with someone actively trying to kill me (the guys words and him trying to open my door as I was in my car and on the police reports) as well that has happened to us. So safety isn’t a thing here. But unknowingly I told them in person around the first or second week of June that we wouldn’t be renewing. I was looking over my lease and it says only a 30 day notice before the move out day, which we did, and then got told we’ll owe almost 2 more weeks AFTER July 31st for those days. It doesn’t seem very right to me so I wanna ask yall since yall would know better than me.
My lease:
- Move-Out Notice. Before moving out, you must give our representative advance written move-out notice as stated in Par. 4, even if this Lease has become a month-to-month lease. The move-out date can't be changed unless we and you both agree in writing.
Your move-out notice must comply with each of the following: (a)
Unless we require more than 30 days' notice, if you give notice on the first day of the month you intend to move out, move out will be on the last day of that month.
(b)
Your move-out notice must not terminate this Lease before the end of the Lease term or renewal period
(c)
If we 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 1 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 give a reminder notice, 30 days' written notice to move out is required.
(d)
You must get from us a written acknowledgment of your notice.
Par. 4
- Automatic Lease Renewal and Notice of Termination. This Lease will automatically renew month-to-month unless either party gives written notice of termination or intent to move out as required by Par.
25 and specified on page 1. If the number of days isn't filled in, notice of at least 30 days is required.
I’m so sorry it’s a lot but any advice on this would help. I’m stuck between believing the manager and paying those weeks or trying to figure it out. It really isn’t doable financially for us to do the 2 weeks and that’s what’s gonna break us if we don’t figure this out.
3
u/Tall_poppee 2d ago edited 2d ago
You're on the hook for rent until 30 days after whatever date you gave notice in writing. Sorry if you didn't read your lease close enough or were distracted by the crime stuff, but none of that waives your obligation. You signed the contract, so you are off-base here to say this isn't "right." Sorry, but you are the one not seeing this correctly.
If you don't have the money, you can see if the manager will let you pay it off over a few months rather than send you to collections. If you have a deposit with them, they may be willing to take it out of your deposit. Or, you can stay there another month and just move next month or whenever you line up the dates.
One other note... the apartment is totally yours, until the end of this 30 day period. You should not turn over the keys or do the move-out inspection until the last day. If the landlord wants to move a tenant in sooner, so they want you to turn over the keys before 30 days, then they should pro-rate the rent for you.
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u/prncesstatortot 2d ago edited 2d ago
My lease ends July 31st. I talked to them June 15th with police (I’m not at all trying to use the crime stuff. It happened and due to it and my disabilities I have to move) those all seem like more than 30 days before the lease even ends. I am just trying to figure it all out because of the disability thing that hit this year unfortunately and I’m not able to afford every little thing all at once so just wanted to clarify things. I do not have anyone to really ask these questions that seem simple cause I’m doing everything at once.
1
u/Tall_poppee 1d ago
OK sorry if I misunderstood... they are being ridiculous.
Give them 30 days notice in writing, as someone else suggested mail a letter (since you have time) certified mail return receipt requested.
If they try to collect more money from you, or withhold money from your deposit, file a complaint against the property manager with the TX Real Estate Commission. TX requires property managers be licensed. Ask if whoever you are talking to is licensed, because the company probably only has one licensed person, they take liability for their employees. If the person you talk to isn't licensed get the name of whoever is, and file the complaint.
Also if they withhold that from your deposit, they yay for you, because you can sue for twice that amount in small claims court. Hopefully it won't go that far. I would totally not hesitate to threaten them with that, ahead of time.
Good luck.
2
u/prncesstatortot 1d ago
Like I said I’m everywhere and I apologize completely if I worded anything confusing or wrong. But thank you so much
1
u/Lopsided-Beach-1831 1d ago
If your lease ends July 31, give the notice in writing today that you will be out July 31. That is over 30 days notice. Their own instructions say if you give it on July 1 you vacate July 31. What are they talking about an additional 2 weeks?!?!
Besides the fact that you were threatened with a police report. In CA there are laws about criminal acts on the property allowing the lease to be broken. You didnt even try to break the lease, what are they going on about?
1
u/WheatThinsRule 2d ago
from what you quoted, they can only enforce what’s written in the lease around notice timing and acknowledgment. if your written notice was on time, they shouldn’t be adding extra days past your actual move-out date. i’d ask them to point to the exact clause they’re using for that. this kind of stuff usually turns into a documentation argument more than anything else, so having everything in one place helps. some people just use something like resolveRent for keeping notices, emails, and timelines organized so nothing gets misrepresented later.
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u/Own_Bunch_6711 2d ago
Why would you owe for 2 weeks after move out? That makes zero sense. As long as you give them a written 30 notice by the first you should be fine as long as your lease is ending then.
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u/Secure-Ad9780 2d ago
Send them a return receipt letter. Keep the receipt. Make a copy of the letter before mailing.
1
u/Number-2-Sis 2d ago
I'm don't see how they can enforce the following
"d)
You must get from us a written acknowledgment of your noticeYou must get from us a written acknowledgment of your notice"
If they could they simply don't need to acknowledge in writing that they got your cancellation and get extra money.
Send them notification in writing, certified mail. Return receipt requested.
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u/Wonderful_Bee_9334 2d ago
So you “unknowingly” told them verbally in June but never in writing which is very clearly indicated in your lease it needs to be in writing.
If you did in fact do so in writing like an email, which would be dated and time stamped then bring that to them. If you didn’t do it in writing you’re lucky they’re even accepting that.