Dallas, TX asked in Landlord - Tenant and Real Estate Law for Texas

Q: MTM lease - Charged Additional Rent and Reletting Fee in Dallas Texas

We lived in an apartment on a lease that ended 4/23. We renewed on 2/31 for 6 months, which starts on 4/24. We decided that we were moving out on 4/20 and canceled the renewed lease in writing on 4/20. We also informed them in writing that we were going on MTM lease and this is our 30 day notice that we are moving out on 5/23. We were told that failure to give the full 30-day notice, we would pay rent through whatever day you turn in keys and pay the reletting fee ($1359.15) as a penalty. The apartment received and replied that our lease was canceled and they acknowledged our move-out date in 5/23.

We moved out on 5/23 and the keys were left turned in.

The Apartment Complex charged us rent from 5/24-6/13 and Reletting fee. I read the lease agreement and it looks like the reletting fee is only charged for early termination and not noted anywhere else. We did not early terminate because we gave 30 days notice on MTM. Also, our unit is no longer available.

Do we have ground to fight

1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Houston, TX
  • Licensed in Texas

A: Sorry, but it sounds like you Did terminate early. After the renewal, the lease was supposed to run through October, and you terminated in May. Changing your mind after you sign the renewal, doesn't get you out of the renewal, even if you tell them before the renewal term was to start.

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