What can we do if our landlord claims that we didn’t provide sufficient notice to vacate when we did and now they’re charging rent fees?
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What can we do if our landlord claims that we didn’t provide sufficient notice to vacate when we did and now they’re charging rent fees?
We asked our apartment office what the NTV process is when we were waiting to close on a house. She said 60 days notice, and 85 relet fee. So later, when we closed on our house, we asked via email how we can issue our 60 day NTV. The assistant manager replied our move out is 7/14 and asked us to come in to fill out the 60 day NTV but we were out of town due to death of a family member and asked if the form could be sent via email. We didn’t receive a response so when we came back into town we went into the office to confirm the we would be charged $85 fees and our move out date of 07/14, and we signed the form. They confirmed with us verbally our notice date from the email would be honored. I received email confirmation from the assistant manager that said 07/14 was entered into their system. We paid our fees and prorated rent through their automated system, which automatically calculated through 07/14. They no-showed our move-out walk-through. We called for 2 months for our final statement and deposit refund. They now say we owe concessions accelerated rent in addition because
Asked on September 9, 2017 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If they agreed that you could move out by 7/14 and would only have to pay an $85 fee as you indicate--and you can prove that (e.g. via emails)--they cannot now charge you more; they are bound by what they agreed to and what you relied upon. If you received your security deposit back, refuse to pay; they could try to sue, but if you can show in court that you provided adequate notice, they should be unable to win or get a judgment against you. If they withhold your deposit for this reason, sue them; again, if you can prove your notice and their agreement, you should be able to win and get a judgment in your favor requiring repayment of that amount.
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