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  1. #1

    Default Is This Lease Provision Fair?

    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.

  2. #2
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    Default Re: Is This Lease Provision Fair?

    Is it fair under the circumstances you describe? Not at all, and the landlord should be ashamed of herself.

    Confront her with the notice requirement and assert that if she is going to hold you to the literal language of the lease, she should have abided by it herself - at a bare minimum by informing you specifically of the provision when you signed the lease, if less than 90 days from the end date.

    Check the lease in terms of reletting fees.

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