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Ending Apartment Lease

2,139 Views | 25 Replies | Last: 4 yr ago by dubi
GIJOE
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6:42p, 8/10/21
AG
My daughter is in grad school in San Antonio and both she and her roommate are moving out of apartment they shared for past year. She turned in keys today and was told they owe 60 days rent because contract required 60 days notice of moving out and they didn't submit notice.
My daughter called the office 6 weeks ago to inform them they were moving out and asked if she needed to do anything else and was told no. Now this.
I am guarantor for rent. Am I screwed or is there any recourse? Apartment manager refuses to take anything less than full amount.
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dubi
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In reply to GIJOE • 7:02p, 8/10/21
AG
Legally, you are probably screwed since the lease likely says "written" notice.

I'd call the manager and discuss the problem. If the complex is full and they re-lease the unit, there will likely not be a problem.

ALWAYS GIVE WRITTEN NOTICE!!!!!
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LostInLA07
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8:27p, 8/10/21
AG
Decide to not move out and stop paying rent. Remind them they can't evict and see if they change their tune.
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mic suede
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9:30p, 8/10/21
6 weeks < 60 days.

60 days is pretty much standard for texas leases.
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Diggity
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In reply to LostInLA07 • 9:56p, 8/10/21
AG
That will do wonders for the OP's credit.

Solid advice
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ATM9000
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In reply to LostInLA07 • 1:53a, 8/11/21
AG
LostInLA07 said:
Decide to not move out and stop paying rent. Remind them they can't evict and see if they change their tune.

Since the current rules don't exempt tenants from owing rent, this sounds like a worst case scenario for the OP as a guarantor.
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GIJOE
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5:05a, 8/11/21
AG
Daughter provided verbal notice July 16. Lease ends Aug 23.
So notice was given, but less than 60 days from end of lease, so I agree that they owe 3 weeks or so.
When daughter gave verbal notice, she asked if there was anything else she needed to do, and was told no.
Apt mgr knew they were not renewing lease, but since notice was not in writing is hold them to 60 day provision.
Apt was also to provide them with reminder that written notice of non-renewal was due prior to 60 day window.
Daughter says they never received, but I know apt mgr will say they did as part of renewal offer.
Daughter says renewal offer was paper left wedged in door and did not see reminder of non-renewal notice on it.
If non-renewal reminder is not received, then penalty goes to 30 days from 60.
Daughter talked to mgr yesterday and mgr is being firm.

Daughter asked me to talk to mgr. so I will call today.
I will offer 3 weeks based on verbal notice.
If apt mgr refuses will offer 30 days based on not receiving non-renewal reminder.
If mgr says no and demands 60 days, it should be 60 days from yesterday when written notice was provided, not 60 days from end of lease (Aug 23).
Real question is do I have any recourse if mgr does not work with me.
Is it worth the hassle of going to small claims court? I have never done that.

Other option I am considering is asking for keys back if they demand 60 days.
Would not want them to have the option to lease it out during that time.
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anonymousAg05
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In reply to GIJOE • 5:58a, 8/11/21
AG
Unless laws have changed, I don't believe they can double dip on rent. If they lease it out during the window after you move out and before your lease is up, you are off the hook for the days rent after the other lease starts.
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histag10
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In reply to GIJOE • 6:16a, 8/11/21
AG
I would 100% ask for keys back, so you could inspect it before handing them.back over. A lot can happen in 2 months
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gig em 02
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In reply to histag10 • 6:40a, 8/11/21
histag10 said:
I would 100% ask for keys back, so you could inspect it before handing them.back over. A lot can happen in 2 months


Alternatively do a walk through of the apartment and get signed off in writing that you turned in the keys and vacated the property.

What does the waiver clause and amendments clause say?
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Buck Compton
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7:19a, 8/11/21
AG
I know you're the guarantor and are probably on the hook for $1-2k. It's a crap situation for sure.

But your daughter is in grad school. Maybe let her take care of it, since she's the adult. Cheap legal lesson learned all things consideredalways get things in writing.

And honestly the difference in 3 weeks vs 8.5 weeks rent is probably on the lower side of that $1-2k range. Taking ownership (her, not you) will be far more beneficial than wasting time, energy, and money in a small claims case you'll almost certainly lose. All you can potentially prove is that a phone call occurred on the date in question. Not what was said. Either way, can almost guarantee that notice is defined as written in the contract anyway. And your daughter "claims" she didn't see the 60 day notice but I guarantee you it was on there since they likely use a template

Of course it's 60 days from yesterday though like you said. It would never be from the end of the lease. I'd encourage them to explore renting out the room which would save you even more. Get her to do a walkthrough and move out paperwork now though.
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dubi
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In reply to Buck Compton • 7:47a, 8/11/21
AG
Quote:
I'd encourage them to explore renting out the room which would save you even more.
Most leases require permission to sublease if they allow it at all.

Quote:
Get her to do a walkthrough and move out paperwork now though.
I agree with this! They might find a new tenant in 3 days and you want the apartment ready. If released you are no longer responsible for the rent.
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itsyourboypookie
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7:58a, 8/11/21
1st don't be broke.

2nd buy the lease out.

3rd bill it back to your college grad daughter that can't count
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ATM9000
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In reply to itsyourboypookie • 8:45a, 8/11/21
AG
itsyourboypookie said:

2nd buy the lease out.

3rd bill it back to your college grad daughter that can't count


This is the right answer. I understand that everybody thinks big apartments suck and they do, but leases give a hell of a lot of protection to renters too and there's zero recourse to ending them without outright eviction in a lot of cases and there's too much potential and legal ambiguity without something initiated by the tenant in writing (as is explicitly stated in basically every lease). And they've got to do their own planning too which they really can't unless a tenant says they can start to do so.

Put another way, what if your daughter just decided not to move out and they lease her apartment? What protection does the apartment have then?

If I were the apartment, I wouldn't give you any relief as they've probably not been able to market the apartment at all so your time is better spent making sure they recognize the move out day as the start of the 60 days and explaining to your grad school aged daughter why she owes Dad 60 days worth of rent. I know at first glance, this seems unfair, but it really isn't.
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mic suede
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In reply to GIJOE • 9:15a, 8/11/21
GIJOE said:
Daughter provided verbal notice July 16. Lease ends Aug 23.
So notice was given, but less than 60 days from end of lease, so I agree that they owe 3 weeks or so.
When daughter gave verbal notice, she asked if there was anything else she needed to do, and was told no.
Apt mgr knew they were not renewing lease, but since notice was not in writing is hold them to 60 day provision.
Apt was also to provide them with reminder that written notice of non-renewal was due prior to 60 day window.
Daughter says they never received, but I know apt mgr will say they did as part of renewal offer.
Daughter says renewal offer was paper left wedged in door and did not see reminder of non-renewal notice on it.
If non-renewal reminder is not received, then penalty goes to 30 days from 60.
Daughter talked to mgr yesterday and mgr is being firm.

Daughter asked me to talk to mgr. so I will call today.
I will offer 3 weeks based on verbal notice.
If apt mgr refuses will offer 30 days based on not receiving non-renewal reminder.
If mgr says no and demands 60 days, it should be 60 days from yesterday when written notice was provided, not 60 days from end of lease (Aug 23).
Real question is do I have any recourse if mgr does not work with me.
Is it worth the hassle of going to small claims court? I have never done that.

Other option I am considering is asking for keys back if they demand 60 days.
Would not want them to have the option to lease it out during that time.

6 weeks isn't 60 days. Your daughter didn't follow the simple rules laid out in every lease in texas. The rule doesn't say for every day under 60 you only owe that. She needs to pay the rent and learn a lesson. Plenty of us here learned this same lesson as a 20yr old.

Good luck with "calling the manager", Karen.
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dubi
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In reply to mic suede • 9:16a, 8/11/21
AG
Both my kids got out of leases without paying the full amount by talking to the manager and being nice.

Basically the manager worked with them to get the apartment re-leased quickly.

They have nothing to lose.
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histag10
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In reply to dubi • 9:26a, 8/11/21
AG
Im guessing the grad school aged daughter (at least mid 20s) has rarely had anyone say no, and has rarely accepted blame/consequences for her actions (as it seems she probably wont here either). That combination rarely leads to someone being nice and helping the company find a new tenant.

OP- I understand you are the guarantor for the lease. Buy it out, bill to daughter. It seems like this may be the exact right time for her to learn to be an adult. Sorry if that is harsh. I had a coming to Jesus with my dad about being an adult, though I was probably 18 when it happened.
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mic suede
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9:27a, 8/11/21
Sounds like your kids took the opposite approach of demanding Mommy fix it.
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GIJOE
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10:07a, 8/11/21
AG
My daughter has never expected me to pay her way out of this.
She is very responsible and accepts responsibility for what transpired.
She wants to do what is fair.
She asked me to call because with her finals schedule for summer semester and work she is short on time and we do think this needs to be resolved today. I have time.
Her reason for being upset is that when she gave verbal notice (yes less than 60 days) that they would not be renewing lease, she asked mgr if there was anything else she needed to do, and was told no.
So either there was miscommunication or deception on part of mgr.

I have every intention of being nice.
I am looking for fairness, not a get out of jail free card.

I do not see in lease that if they lease apartment that lets them off the hook for remainder of time.
Is that fairly standard?
If not, I will ask for key so they cannot double dip.

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dubi
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In reply to GIJOE • 10:11a, 8/11/21
AG
Quote:
I do not see in lease that if they lease apartment that lets them off the hook for remainder of time.

Is that fairly standard?

It is my experience in TX then when they release it you are off the hook.
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GIJOE
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10:11a, 8/11/21
AG
FYI my daughter is paying her own way thru grad school.
She is very mature and has always taken responsibility for her actions.
She failed to read the lease in this case (lesson learned) but went to office and verbally inquired prior.
She attempted to take care of business but was not informed when she asked what else she needed to do.
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histag10
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In reply to GIJOE • 10:29a, 8/11/21
AG
GIJOE said:
My daughter has never expected me to pay her way out of this.
She is very responsible and accepts responsibility for what transpired.
She wants to do what is fair.
She asked me to call because with her finals schedule for summer semester and work she is short on time and we do think this needs to be resolved today. I have time.
Her reason for being upset is that when she gave verbal notice (yes less than 60 days) that they would not be renewing lease, she asked mgr if there was anything else she needed to do, and was told no.
So either there was miscommunication or deception on part of mgr.

I have every intention of being nice.
I am looking for fairness, not a get out of jail free card.

I do not see in lease that if they lease apartment that lets them off the hook for remainder of time.
Is that fairly standard?
If not, I will ask for key so they cannot double dip.



1.) Are you certain this is what transpired, or is it possible she misunderstood or is trying to push the blame? Because women do this, especially to not disappoint their fathers (ask me how I know lol)

2.) They cannot double dip. They can charge you a reletting fee, but they cannot collect rent from 2 leases on the same apartment. The reletting fee may be equal to what your rent is, as typically people face this much earlier in their leases.
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GIJOE
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10:57a, 8/11/21
AG
That is what she said happened and I believe her.
She has a history of telling the truth even when it is not convenient for her.

I don't believe the lease specifies what the penalty is called
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GIJOE
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11:32a, 8/11/21
AG
Just had conversation w/ mgr.
She agreed to accept July 16 verbal and prorate penalty so all they owe is 3 weeks.
Decision based on reading transcript of phone call where my daughter asked what else she needed to do and the assistant did not inform/inquire about 60 days notice.
I believe this is a fair compromise.

thanks for all the feedback

Gig 'Em & BTHO everybody!
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Diggity
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In reply to GIJOE • 11:46a, 8/11/21
AG
glad you got it resolved.

not sure what we would do on these threads without all these helpful lectures on how to raise children.
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dubi
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In reply to Diggity • 12:31p, 8/11/21
AG
Diggity said:
glad you got it resolved.

not sure what we would do on these threads without all these helpful lectures on how to raise children.
I refrained and gave helpful info that my kids successfully got out of leases. :-)
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dubi
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In reply to GIJOE • 12:32p, 8/11/21
AG
Fantastic news.

Good apartments help their tenants!
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