Basically, I dug myself a hole because I did not read my million-page lease in its entirety. I was recently in Texas for an internship. I had discussed with a Texas landlord over the phone that I intended to stay until July 31 and she was fine with this ... oral agreement. So I arrive in Texas and sign a lease contract that began May 15, 2006 and ended July 31, 2006 ... 75 days. HOWEVER, I did not read a section that put me in a hole: My lease contract is automatically renewed month-to-month after July 31 UNLESS I provide 60 days written notice to move out. Now I'm being charged one month's rent despite the fact that I know my landlord knew I was not staying past July 31. I know I set myself up by not reading my lease, but is there any way out of this?
1.) I noticed that one section of my lease states that the landlord will provide me with a written reminder no less than 5 days before my lease ends and no more than 90 days to give her a move-out notice . I never received such a written reminder according to the contract ... nor did I receive an oral reminder. As a result, did she breach the contract? Am I then not liable to pay the money she's asking me for?
2.) Also, I technically vacated the apartment on July 30 and her signature on move-out inspection form shows this. Shouldn't I just owe the reletting fee (which is 80-85% of the rent) and not one month's rent amount?
3.) Shouldn't this be a special case since my lease was only 75 days? Though it's not stated in the contract, isn't there some responsibility on her part to provide me with a move-out form the day I sign the lease OR at least mention it? I feel like, tenants who have 1-yr leases or 6 month leases have a reasonable amount of time to read the lease after moving in. I had 15 days ... the same amount of days I need to get completely settled into a new city and state. I guess the smart thing to do was to not sign the lease in the first place, huh?
Replies would really be appreciated.