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

UPDATED: Aug 7, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 7, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption