If a landlord breaks a lease agreement by not giving a 30 day move out notice, are the tenants responsible for any balances owed on the property?

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If a landlord breaks a lease agreement by not giving a 30 day move out notice, are the tenants responsible for any balances owed on the property?

The landlord is trying to invoice us for cleaning and a bill he claims we did not pay. We moved out within 2 weeks because he needed us out for the new tenants. We paid double rent for the month due to finding a new apartment and we were never reimbursed for the 2 weeks we moved out for. Can he legally charge is any money since he broke the lease? Which, by the way, was an email agreement and not signed by any parties.

Asked on April 3, 2012 under Real Estate Law, Texas

Answers:

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

Answered 9 years ago | Contributor

There is certainly a lot going on here.  What I gather is that there was no written lease signed by the parties but rather everything was agreed to via email, correct?  The 30 day notice may have been an issue had you not agreed to leave early, which you did.  Was there a security deposit?  Did you do a walk through before you left and note the condition of the apartment?  Did you at least take pictures?  As for the bill, is it for utilities?  Did you turn them off when you left?  You would be responsible for the time you were there.  If he sues then sue him for the two weeks back.  But you are going to have to negotiate this.  Good luck.


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