Lease - Written Notice

[bh1316]

What is the name of your state (only U.S. law)? Texas

So I got broken into in a rented house near Dallas on 4th of January. I had to move out because I was not feeling safe. My lease was set to expire in June. My landlord never even came in to inspect after the house got broken into. I had to get the lock fixed myself. After that, I informed him of my decision to move out informally through text message. He replied back through text message as well stating that he considers 7th as my official notification. Please note that I paid him rent for all 5 months remaining fully. I sent him a formal email on 12th of January stating my intention to move out and my new forwarding address. All our communications were through electronic forms. However I never received the Security Deposit back and I saw the lease now - it says all official notifications have to be done through certified mail. Exact wording is:

Any notice required or permitted as per this lease or under Texas law shall be deemed sufficiently given, if sent by US certified mail, return receipt requested.

1. However, since the owner chose to send me a notification also through text message, wouldn't that invalidate the lease requirement?
2. Also, would email count?
3. I had to pay for my lock. Isn't the owner required to pay?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Texas

So I got broken into in a rented house near Dallas on 4th of January. I had to move out because I was not feeling safe. My lease was set to expire in June. My landlord never even came in to inspect after the house got broken into. I had to get the lock fixed myself. After that, I informed him of my decision to move out informally through text message. He replied back through text message as well stating that he considers 7th as my official notification. Please note that I paid him rent for all 5 months remaining fully. I sent him a formal email on 12th of January stating my intention to move out and my new forwarding address. All our communications were through electronic forms. However I never received the Security Deposit back and I saw the lease now - it says all official notifications have to be done through certified mail. Exact wording is:

Any notice required or permitted as per this lease or under Texas law shall be deemed sufficiently given, if sent by US certified mail, return receipt requested.

1. However, since the owner chose to send me a notification also through text message, wouldn't that invalidate the lease requirement?
2. Also, would email count?
3. I had to pay for my lock. Isn't the owner required to pay?

Did you give the owner proper notice about the busted lock? Did you give him appropriate time to fix it?

 

[bh1316]

What is considered proper notice? Again, the owner used to correspond through text messages. So, I have a burglary report and he was informed that the cops came. That the front door, lock were broken etc., - all through text messages.

From my perspective, I have already paid the remaining months rents etc.,

 

[Gail in Georgia]

"What is considered proper notice?"

You cited what is proper notice in your state in your own first posting.

Gail

 

[bh1316]

Then again, since the landlord chose to correspond through text and email, wouldn't that invalidate the lease requirement?

So, for my security deposit, should I send him a certified mail notification of move out and wait 30 days from that? Or can I go to small claims stating that he corresponded through text and email as well? In his text, he has written that he considers 1/7 as official move out notification date.

 

[Gail in Georgia]

Review the attached:

http://texastenant.org/security_deposit.html

And since it's been greater than 30 days since you moved out, I'd send the demand letter citing the statute for Texas and stating that if your security deposit is not received within two weeks, you plan on suing for three times the amount.

I have to give you credit for paying the remaining five months left on our lease (and I believe presenting this information to a judge in a lawsuit..should it come to this would greatly benefit your side of the case). Most tenants would simply have left and not done this.

Gail

 

[Ohiogal]

What is considered proper notice? Again, the owner used to correspond through text messages. So, I have a burglary report and he was informed that the cops came. That the front door, lock were broken etc., - all through text messages.

From my perspective, I have already paid the remaining months rents etc.,

What do you mean by the bolded? did you actually pay the rent or figure you have a justifiable excuse for not paying? How much time was given for the owner to fix the door before you did it?

 

[bh1316]

What do you mean by the bolded? did you actually pay the rent or figure you have a justifiable excuse for not paying? How much time was given for the owner to fix the door before you did it?

1. I paid all the 5 months rent.
2. The front door was not closing. I got it fixed the next day. It cost me $150 for the lock. So, I don't care as much but any decent owner would take the bill and pay me back the money. This guy didn't. In fact, he has sort of indirectly referred to it in the text saying that he won't be paying back.
3. It has been close to 2 months since I moved out.

My only question is this - if I go to a small claims court, will they accept the following evidences since both of us corresponded unofficially?

a) His text saying that he considers 1/6 as move out date. It's a text message and not a formal notification.
b) My email on 11th stating that I too consider 1/6 as my move out date with my forwarding address. This again is not a formal notification.

Or do you recommend that I send him a certified email of sorts now stating that "Based on your text message, I consider 1/6 as the move out date. This is only to notify you" - I don't want him sending me a new bill for damages considering this as my move out notification afresh.

or

do you recommend that I send him a demand letter stating that he return the security deposit or I sue him for 3 times?

 

[STEPHAN]

Or do you recommend that I send him a certified email[....]

Just curious: How do you think that could be done?

 

[bh1316]

Just curious: How do you think that could be done?

Oops. Typo. Certified Mail.