Question:

Ending a lease agreement

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I have a lease that ends Aug. 31. I thought it ended July 31. Turned in a 30-day notice to apartment (in writing) on July 11 to vacate by Aug. 11. I have a signed notice by me and the apartment that my lease is up on Aug.11 and I agree to pay X amount prorate rent.

The apartment says I owe to end of Aug per original lease agreement. Does the 30-day notice signed by both parties override this? Researching online shows that a "Release Agreement" is needed to break a lease. While this is not a release agreement, it does state that I'm free and clear as of Aug. 11.

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  1. It does make a difference that you are in Texas. State and local law govern your situation.

    You have your ticket out. Whenever both parties to a contract agree to terminate, then that contract is terminated. You have the written agreement signed by the complex. KEEP that paper!

    Is it the landlord's fault that he failed to check the original lease for the end date? Yes. His bad. You are not responsible for his sloppy office work.

    He issued you your get out of jail free pass! Do not pay what you do not owe.


  2. I think your landlord is right.  You owe for all of August.  I don't think the landlord is letting you off the hook for the balance of August.  I think all they were agreeing to is that you were not renewing your lease and that you would be vacating the premises August 11.  

    You also said that you thought the lease ended on July 31.  If that is the case then you should have handed your notice in no later than June 30 since you are obligated to give 30 days notice.  Handing it in July 11 makes it late which means it doesn't go into effect until the next month (August)

    You'll be a magician if you get out of this one.  Good luck.

  3. I think you will have to pay thru August, but you should have access to the place thru August as well.  I'd call them up and ask if you could pay maybe half of the extra rent and in lieu of this you will leave on Aug 11 (assuming you have another place and still want to leave then).  This way they get some extra rent but can try filling the place sooner, and you pay some extra but can move on when you want to.  

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