What is the next action to get property manager and/or landlord to respond tomy notice to vacate?

UPDATED: Aug 24, 2011

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What is the next action to get property manager and/or landlord to respond tomy notice to vacate?

I have submitted notice to vacate property in 60 days. The property manager keeps saying he’s working on it and it’s been 1 week and we have not heard anything as for as signed release, etc. Should I move forward with plans to vacate or do I need some type of court order issued? They are not responding. My realtor is getting frustrated also because they are not responding.

Asked on August 24, 2011 Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The first, threshold question is, *can* you vacate. If the tenancy is month to month, or if you have a written lease but the lease gives you the right to vacate on 60 days notice, then you can provide notice to vacate and leave. If this is the case, it doesn't matter if they respond or not--you have provided proper notice and may leave after the notice period.

However, if you're in the middle of a written lease period, and the lease does not provide you with the right to vacate and terminate your tenancy on 60 days notice, then your notice to vacate is ineffective. You will still be obligated under the lease, and will owe the landlord the rent for the full remaining balance of the lease term, even if you choose to physically move out.

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