What to do about a lease termination dispute?

UPDATED: Jan 9, 2013

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What to do about a lease termination dispute?

My husband and I had put in our 60 day notice just over 2 months (at the endo of the month) but ended up retracting less than 30 days later. Our lease wasn’t upfor another 5 or so months. The apartment complex did not document the retraction so had us scheduled to move out at the end of last month. It gave us an extended our move out date for another week. It offered us another apartment but demanded that we pay a $500 transfer fee. Since we couldn’t afford the fee, we had to move to a different complex. The new complex received a rental verification showing that we were not breaking our lease and we did not owe anything to the old complex. However, now the old complex is saying that we owe about $3,900 for breaking our lease. Will the rental verification hold up in court if the old complex tries to sue?

Asked on January 9, 2013 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Good question. Under the rules of evidence of all states in this country the rental verification that you have written about is key to your defense that you did not break the lease particularly since the landlord's representative created it.

Ultimately if the court follows the rules of evidence and receives this document you should fair well in the event there is a legal action against you over the rental matter that you have written about.

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