Apartment Lease Notice

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  #1  
Old 11-30-10, 09:25 AM
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Apartment Lease Notice

Hello,

My son had a six month lease with an apartment complex that ends 12-31-10. He went into the office on 11-30-10 to let them know he would not be renewing his lease and would be moving out when the lease expires.

They said that he needed to give 60 days notice and would be on the hook for the 2 months rent (Jan & Feb of 2011).

I haven't rented in decades but this does not sound right to me. Can someone please help me understand the legal aspect of this?

He is living in Texas.

Any help is appreciated.

Thanks

Tripper
 
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  #2  
Old 11-30-10, 11:03 AM
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I'm not a lawyer, but this sounds ridiculous to me. I never heard of anything like that before. Sounds like this guy is trying to get some extra $$$$.
I lease my car, and when it's up, it's up. I don't have to give 60 days notice. He should call his local City Hall and I'm sure they can steer him in the right direction.
Does he have a signed lease/contract? He should have one. What does it say on there?
 
  #3  
Old 11-30-10, 11:08 AM
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Good info here...look at the lease section...quite clear on the rules. Texas Tenants Advisor

And this link within the prior link. Landlord/Tenant Supplement Pt.1 Look at primary term.

Even if written in the lease..it may be illegal.

I'm wondering if this may just be mis-communication somehow.
 
  #4  
Old 11-30-10, 07:16 PM
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what dosent make sense to me is if he gave notice on 11-30 to move out on 12-31, why would be be obligated to pay through feburary. 2 months notice would be from 11-30 to 1-31. SO even if his lease does have a 60 day notice clause in it then he is only obligated to pay an extra month, January.
 
  #5  
Old 11-30-10, 07:41 PM
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Thank you to everyone who has taken the time to respond.

I am having him fax me a copy of his lease. I also forwrded him the links and told him to contact his City Hall and try to speak to someone concerning his problem.

I'm having a tough time understanding why a lease that has two dates, a beginning and and end, would also require a 60 day notice. It seems redundant. Wouldn't the expiration date signed by both parties indicate that both parties were aware of the ending of this contract?

Oh well, can't wait to see how the lease reads.

If anyone has any more information on this subject please post it.

Thanks

Tripper
 
  #6  
Old 12-01-10, 11:49 AM
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Hello Tripper-

Wouldn't the expiration date signed by both parties indicate that both parties were aware of the ending of this contract?
Maybe, maybe not.

I think you need to read the lease agreement to know the answer. Gunguy45 posted two helpful links. You should read at least two sections in Gunguy45’s second link Landlord/Tenant Supplement Pt.1 . First read Sections 1-4.1 and 1-4.2. You need to look for language in the lease agreement that allows it to be extended regardless of whether it extends by written notice or not. Most leases are written that way so that a new lease agreement is not required should the tenant wish to remain beyond the expiration date. If there is no such language (i.e., no secondary term), then it says tenant is not required to give notice.

If it has a secondary term, go to Section 1-14.1 & 1-14.2. I could not find a statutory definition of ‘Periodic Tenancies’. The person preparing this info makes it seem like it would be treated that way but I would be more comfortable if able to read the definition. A 30 day notice would be required under this scenario. Since your son complied by giving a 30 day notice, I think he should be okay as a matter of law. The only thing I saw that could complicate things is if they mutually agreed to a 60 day notice provision. Even under that scenario, I don’t see any reason for landlord to demand rent through Feb. 28, 2011 as the 60 day period should terminate the lease as of Jan. 31, 2011 (an argument might be made that it is 60 days once you son served notice but would only save him a few days).

Please understand that the linked info is citing and interpreting 15 yr. old case law. There could be other pertinent info in the current Texas Property Code PROPERTY CODE**CHAPTER 92. RESIDENTIAL TENANCIES. Texas Attorney General https://www.oag.state.tx.us/consumer/tenants.shtml (see last paragraph: ‘Advance notice requirements’).

Most importantly, since your son has been signaled by landlord that a dispute could be on the horizon, he should notify the landlord in writing and have verifiable proof that it was mailed or sent to the other party. He can reference in his letter that he already gave earlier notice verbally but is following up in writing. After you’ve read the lease agreement and Gunguy45’s info, you might want to assemble some relevant excerpts so that your son could meet w/ landlord and show him that info. Hopefully, this can be resolved through further discussions. Normally in a situation that could evolve into a dispute or litigation, it’s wise to document any understandings between parties to avoid a he said/she said scenario.

Good luck . . . if having further questions or other issues arise, I’m sure someone here will try to help you out.
 
  #7  
Old 12-02-10, 09:09 PM
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You see, Landlord/Tenant law is one area of law that hasn't been "standardized" across state and national boundaries the way other areas of law have. Everything depends on the rental agreement (aka: lease) that your son signed when he agreed to rent the apartment. If that rental agreement states that the tenant must give 60 days notice that he won't be renewing his lease, then that's what the courts will uphold.

Where I live, in Manitoba, Canada, the law is that the landlord is required to offer the tenant a renewal of his/her/their lease three months before the end of the tenancy. The tenant has one month to decide whether or not to renew their 12 month lease, and the landlord has two months to advertise the suite to prospective tenants should the existing tenant choose not to renew. Our requirements are very similar to those in your son's lease, but the onus of offering a lease renewal at the correct time lies with the landlord. In our case, if the tenant choses not to renew their lease, then the landlord still has 2 months (about 60 days) to find a new tenant. Ditto in your son's case.

So, the law is different everywhere. It's what's in the lease that matters, and that can be very different from state to state and from province to province and from country to country.

But, I think it's a safe bet that the person he talked to at the rental office knew what they were talking about. Still, according to my calculations, if your son went to the rental office on Nov. 30, 2010 to tell them that he would not be renewing his lease, and they told him he was required to give 60 days notice, then he'd only be responsible for December, 2010 and January, 2011's rent. That's because both months have 31 days. He effectively gave 60 days notice on Nov. 30, 2010.

Still, the bottom line is that your son can be held to whatever he agreed to by signing on the dotted line, and that's true regardless of the size of the print on that lease.
 
  #8  
Old 12-12-10, 03:41 PM
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At least around here, you don't need to provide any notice to leave when a lease terminates. You just LEAVE!
 
  #9  
Old 12-13-10, 08:04 AM
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We require 60 day notice as well because we do not allow month to month leases

If the tenants do not respond to us 60 days prior, we call them but they either sign a new lease or they leave at the end of the original term, we don't ding them for extra months like this. That said, it seems like you could make a case for your son owing January rent but I can't see how February could be required.
 
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