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2 questions, main 1 being lease changes w/o notice

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What is the name of your state? tx

our lease is up on june 30th. on the 2nd of june we put in our 30 day notice, handwritten as required, telling them that we will still be out of the apt before the end of june, even though they required 30 days notice(it was put into drop box w/rent check)and we don't mind paying "pro-rate" for the extra 2 days of rent, even if we wont' be here.....that afternoon, they called and told my husband that they now require 60 days notice, and that we are not allowed to move out until that 60 days is up. even though after june 30th, our lease expires and we go month to month. we have already signed a lease somewhere else, and our current complex told us oh well, that it was in our lease.....well i found our lease, and this is what it says:
"Your move-out notice must be in writing. oral move-out notice will not be accepted and will not terminate your lease contract"(duh we know that).
"Your move-outnotice must not terminate the lease contract sooner than the end of the lease term or renewal period"(another well known fact)
"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 a written reminder no less than 5 days, and no more than 90 days before the end of the Lease Contract period"...(we never recieved a reminder, only a neat little "bulletin" that says IF we want to renew it has to be by the middle of our LAST month)
we were going to renew(although we never signed anything nor told the complex this), but found a largerplace, and such. however, now they are telling us that the lease was changed, yet no one was required to sign a new lease, nor were we contacted with the "reminder" the original lease states, and they are telling us if we want to argue it, then we can take them to court? oh and we've seen the "new" lease, and it still says the above part about 30 days notice.....in fact, the whole "move out section" is exactly the same...
also, they have mentioned making us pay for new carpet, yet our carpet has no stains/rips, and we are having it professionally cleaned, yet they say that even if we have it cleaned, they will clean it again and charge us for it, as well as the replacement of carpet.....(however we DO have to have it cleaned and show a reciept for it?! so we will have to pay twice?!)
question 1: can they make us stay, especially after they didnt tell us about the alleged 60 day thing until after we turned in our notice
question 2: how many times can they make us pay for carpet cleaning, and can they charge us for new carpet that won't even be replaced?
 
Last edited:


LindaP777

Senior Member
I have a question and a comment.
You gave 30 notice on June 2nd and don't mind paying a few days of July. But, do they allow you to prorate the final month in Texas? (I ask, because not all states do. I Ohio, we don't prorate the final month. If you rent by the month, you pay by the month.)
The LL can not require you to live there. As long as you pay rent, you can move out when you want to.
They can not charge twice for cleaning the carpet. Either you pay for the professional cleaning (and provide receipts), or they do, but not both.
Read you LL tenant laws. Leave the place immaculate. Take pictures. Leave the LL your forwarding address. Sue them in small claims court if you feel they have with held too much from your secuirty deposit.
 
I have a question and a comment.
You gave 30 notice on June 2nd and don't mind paying a few days of July. But, do they allow you to prorate the final month in Texas?
unsure, they never mentioned wether we could prorate or not, but since we would be on a month to month lease...and our lease just says paying for the days we are in the apartment(doesnt say wether last month, 3rd etc)


(I ask, because not all states do. I Ohio, we don't prorate the final month. If you rent by the month, you pay by the month.)
our lease doesnt go month to month until july 1...we were actually going to move out next weekend, even though we paid the whole month of june...

The LL can not require you to live there. As long as you pay rent, you can move out when you want to.
they are telling us that we cannot vacate the property...

They can not charge twice for cleaning the carpet. Either you pay for the professional cleaning (and provide receipts), or they do, but not both.
ok thank you.....

Read you LL tenant laws. Leave the place immaculate. Take pictures. Leave the LL your forwarding address. Sue them in small claims court if you feel they have with held too much from your secuirty deposit.
we always take photos, and i still have the ones from where we moved in.....
 

ecmst12

Senior Member
Most states, as mentioned, you must give 30 days notice PRIOR to the start of the rental period. So since you did not give notice before 5/31, you would be obligated to pay rent through the end of july. They can't hold you to 60 day notice (which would put you through the end of august) if it's not in the lease. But your notice was late and that will MOST LIKELY keep you on the hook for another full month. But read your state's LL/T laws to be sure.

What they're doing with the carpet is bogus. Get the carpet cleaned, save the receipts, and take pictures. If they try to charge you for another cleaning or a replacement, sue them. How old is the carpet? You are only liable, AT MOST, for the depreciated value of the carpet (if it is ruined through abuse and not normal wear and tear) and NOT the full replacement cost.
 

Alaska landlord

Senior Member
Your notice was late by 2 days and therefore you are liable for a full months rent. It will depend on the Judge if he wants to hold you to the letter of the law or not. LL's are not required to accept prorated rent.

The only way your LL would be required to accept prorated rent would be if you had a day to day rental contract. I'm sure that even if that were the case someone would want to prorate by the hour. Just human nature I suppose.
 

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