How can we prove that the apartment did not give us sufficient notice to terminate our contract, which notice is written in the contract?

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How can we prove that the apartment did not give us sufficient notice to terminate our contract, which notice is written in the contract?

Our apartment complex failed to give us proper notification that our termination was due prior to the 60 days. It is written in the contract that they must do so. Due to that, our termination letter was late, and now they want to charge us for the days after our lease expires due to us not turning it in on time. They claimed to have delivered notification, but could not provide a date and we certainly did not receive it. How can we fight back so as not to pay what’s left which amounts to around $400?

Asked on August 7, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

So what you are saying here is that their notification was a pre requisite to your notification.  And because they failed to notify you you were not obligated to give the 60 days notice. Will that fly?  Maybe.  Maybe not.  Some judges will still hold you to what you agreed to.  Landlord tenant issues are state and case specific. You will have to wait until they sue you for the money to argue this but by then your credit could be affected.  I would speak with some one about the lease.  Good luck.


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