If I gave less than the required 60 days notice to move, canI be charged with a months rentand reletting fee?

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If I gave less than the required 60 days notice to move, canI be charged with a months rentand reletting fee?

The fees equal over $700. I will be moving before the end of February and they want to charge me for half of March to cover 60 days.

Asked on January 28, 2011 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you have a written lease. If you have one, you may only either move out at the termination of the lease or terminate it early IF the lease allows you to do so, and you do so following the requirements of the lease. Otherwise, there is no general right to terminate a written lease on 60 days notice and you'd be in breach of the lease and liable for the rent due for the balance of the lease term. Generally, if there's a written lease, simply follow the terms and obligations under it.

If the lease, for example, requires you to give 60 days notice, you have to, otherwise the notice is ineffective and they can hold liable the additional time and any costs or expenses the lease indicates, like a reletting fee. The lease is a contract: you and the landlord both have to obey what it says.

If there is only an oral (often called verbal) lease, then you are  month to month tenant and you can move out on 30 days notice.


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