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Landlord broke lease agreement? Am I liable for future rent if move out early?

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Eusaphious

Junior Member
Living in an apartment in Texas.

In my lease it required a 60 day written notice if I choose to vacate at the end of my lease. There is also this bit in my lease:

"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 written reminder not less than 5 days nor more than 90 days before your deadline for giving us your written move-out notice."

At 60 days prior to my lease ending I went ahead and filed my move out notice as per my lease without ever receiving the written reminder notice. At 58 days before my lease ends they finally give me my written reminder which is 7 days late and 2 days after the deadline for me to file my move-out notice. This reminder notice also contains what my new rent would have been or what my month-to-month charge would be if I choose to stay.

Since they did not give me this notice in time did the apartment complex break the lease?

If so would I not be obligated to fulfill the rest of the lease.

As it happens I had planned on moving out a month early due to noisy neighbors / no parking / other things that were just getting unbearable. When I put in my move out notice I put in there I was leaving early and they told me I would still be liable for the months rent I wasn't here but since they broke the lease themselves am I liable?

Thanks for any input.
 


ecmst12

Senior Member
No, you are still liable for the 60 days from the time you gave notice, through the end of your lease term.
 

Eusaphious

Junior Member
I realize that would hold true normally.

However did they not break the lease agreement by not giving me that notice within the specified time?
 

ecmst12

Senior Member
If their failure to remind you had caused you to miss your 60 day window, then you might have cause to force them to let you out at the end of your term rather then an additional month. However you knew you had to give 60 days and did so, on time, to be released at the end of your term. You agreed to the term when you signed the lease and have NO grounds to be let out sooner.
 

FlyingRon

Senior Member
You're stuck until the lease term ends. The only thing the lack of notice is going to do is allow you to block them from trying to extend the lease (either a renewal or month to month as specified in the terms) because you failed to give notice.
 

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