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Wow at a lose of words here

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

My family and I moved into a brand new apartment complex almost two years ago. We are planning to move at the end of January. We have to give them a 60 day notice before moving out. I called and talked with the apartment manager at the beging of the month asking her if we decided to go month to month after our lease was up how much it would be. She told me it would be the fair market value of the apartment ( $1055.00, we pay $850.00 now) plus a convience fee of $200.00 so we could do that or sign another 6 month lease and our rent would go up to $1000.00. I told her look even if I give you notice now it will be less then 60 days notice. We can work with you on that. So this morning I wrote a letter explaining we would be moving at the end of Jan. The assistant manager then called me and said it was not enough notice I then explained to her the conversaion I had witht he manager. The assistant manager then said you have a balance of $455.00 I asked for what she said for 2 pets told her I did not have any pets and never recieved any notice about it. She then said I am looking at a copy of it right now that it was posted to your door. I explained to her I never got it therefore was not paying it. So my questions are as follows.

1.) Our lease does not expire untill midnight on 2/1/09 if they evict us for non payment of a lease violation that I never recieved does that void our contract and we do not have to worry about the reminder of our lease.

2.) If they evict us how long do they have to give us to move out?

3.) Can they legaly hold us to a lease violation that we did not recieve? Don't they have to show proof that we recieved it.

Thank you for any of your advice in this matter
 


Mrs. D

Member
What does your lease say about what happens if neither party gives notice 60 days before the end of the lease term?
 

Alaska landlord

Senior Member
Not that it will make a difference since I suspect that only the answer you are looking for will suffice, but a 60 day notice is just that “60 days.” you will be required to adhere to the stipulations of the lease.
So, either sign up for another 6 months, or go month to month.

As for your illegal pet, you know the rules and notice or no notice you owe the pet fee.

It is very common for tenants to claim they never got the notice and you are expected to deny it.
 

Mrs. D

Member
OP may have the option of staying through February and paying her current rent (give notice NOW that you are leaving at the end of Feb.), as it doesn't sound like LL gave notice of a change in the terms of the lease either. If the lease says it goes month to month with all the same terms unless 60 days notice is given, this would be the case. This would be why I asked what the lease says.

As for the pet fee...I suppose if you could prove that you didn't have any pets?
 

FarmerJ

Senior Member
I would argue that the 60 day notice is fine BUT then they too must either allow the rent to remain the same since they would be obligated to give you written 60 day notice of a rent increase unless your lease allows them a shorter time frame ? RE read the lease. Make sure your notice is sent via confirmed mail delivery or certified mail . As far as pet claim of the LL if you do not have any pets the LL will have to prove it , SO on the lease copy you have does it list any pets ? If it doesnt then they have to prove them self to a court. Plan on paying feb rent. Take pics of how nice and clean you leave the apt. Also you wrote >plus a convience fee of $200.00 < is that in the lease ?
 

Alaska landlord

Senior Member
If she gives a 60 day notice and is not out by that time the owners may evict and possibly claim “holdover” owners can sue in court for rent and holdover fees which can sometimes be twice the rent. But, a rent increase in writing should be required in writing.
 
my lease states the fair market value of the apartment but does not say anything about the convience fee. I have no pets and have taken pics to prove it. My question is still the same can they legaly post notices on the door? We have seen several of the kids in the apartment complex going thru and yanking them off of the door plus I have never gotten anything. I thought this had to be sent via confirmed mail. I am planning to move no mattr what. I however sent a notice and just dropped it in the drop box. I am going to send it again this time via certefied mail and have my copies.
 

JETX

Senior Member
Our lease does not expire untill midnight on 2/1/09 if they evict us for non payment of a lease violation that I never recieved does that void our contract and we do not have to worry about the reminder of our lease.
If they are forced to evict you, your lease obligation ends.

If they evict us how long do they have to give us to move out?
As little as 3 days written notice (to pay or leave).

3.) Can they legaly hold us to a lease violation that we did not recieve? Don't they have to show proof that we recieved it.
Yes. No.
 

Alaska landlord

Senior Member
Posting notices on the door is SOP. In fact it's my preferred method since in cases of delinquent rent it also serves to embarrass the tenant. That you claim someone tore it off will not work in the courtroom.

As for the pets, If you ever had a family member or a guest visit with a pet in tow, then you violated the lease agreement.
 

rowz

Member
Since when does "the tenant is not allowed to have any pets" translate into " no visitors to the apt. may bring a pet with them?"
Even if one came with a guest who stayed a short period of time and did not live there, or establish residency, how would that be violating a "no pets clause"?

I am about as pro-landlord as they come but would like to hear how this no pet rule would come into play.

Even in an area where a pet needs licensing, I cannot see how a guest pet would violate the lease. It would make the lease-holder esponsible for damages, yes, but not for a lease violation.

Will this be determined by the language of the no pets clause?
thanks
 

Alaska landlord

Senior Member
Tenants are responsible for the behavior of their guests.
If the guest violates the lease, then the tenant is responsible. No Pets means no pets for you and your guests. Just like no smoking means you, your kids, and any guest you invite.
 

swrdmbo

Member
I agree with Alaska LL...NO PETS means no pets!! Not the renters, or any of their guests.

If the tenant would be allowed to have guests with pets stay in the property it defeats the whole purpose of having a no pets clause in the lease.

Even a short visit can cause problems for the next tenant if they have allergies, or the pet wants to "mark" it's new surroundings.
 

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