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?

UPDATED: Oct 1, 2022

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: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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 AttorneyPages.com 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