Proper Notice and Broken Lease

[SAK2000]

What is the name of your state? CA

I signed a lease a few days ago. However after rereading it yesterday, I realized that the lease said the LL has to give me a four hour notice to enter my apt (non emergency). I think when I first read it before I signed it, I thought it said twenty four hour notice and that wasn't a problem. I'm just curious......doesn't the LL have to give 24 (or 48) hour notice before entering no matter what the lease says. Don't get me wrong, My new LL seems pretty cool so I'm not worried he's going to just show up. I am just curious.

Also, I was reading a previous post that said if a person breaks a lease, the landlord has to try and rent the apt. I broke a lease in Texas because I got tranferred with my job. The apt complex was a really big upscale one so they don't really advertise by putting ads the paper, signs in the window, etc. They rely on people who drive by or stop in to look at the models. I found out 2 months after I moved out that they never rented my apt even thought the Manager told me they would have NO PROBLEM renting my unit (because of great location, nicest floorplan, yada, yada), I now have to pay the $6k for the balance of my lease. I'm curious.....how does one know if the landlord tried or not?

 

[FarmerJ]

In your new place I would suggest you just wait and see what happens regarding NON-emergency entry to the unit, of course state laws would supercede what the lease says in most states. AS far as the last place you lived at in Tex, so just how would you prove that the unit really sat empty? Will any of your old nieghbors there tell you when they first started seeing lights on and activity in your old place? in the old place if you didnt get a release in writting from the LL it will be up to you to prove them otherwise on the vacancy time. Being so far away now you might want to try to negotiate the amount down that is owed but have to plan on paying the larger amount just because it may well be cheaper to do that than eating the travel and time losses if you were to fight the amount due in court.

 

[SAK2000]

Thanks so much for the info. I do know that the place sat empty. I was questioning a previous post that said the landlord HAS to try and rent the apt. How do I know whether or not he did indeed try to rent my apartment? Thanks again for the info.

 

[SAK2000]

I am going to try and negotiate paying a lesser amount. However, I know that I am ultimately responsible for the balance of the lease. Very expensive lesson learned.

 

[ecmst12]

I don't believe the LL is under any obligation to make ANY effort to rent your place. After all they already have someone who agreed to pay, why should they look for anyone else? Any advertising they did would be as a courtesy to you and they would also be allowed to bill you for the costs of same. Expensive lesson indeed.

 

[queenofsand]

In TX, the landlord kinda has to make an effort to rent the unit. Somethin' called migrate, migraine, mitigate, yeah, that's it, mitigate.

91.006. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A
landlord has a duty to mitigate damages if a tenant abandons the
leased premises in violation of the lease.
(b) A provision of a lease that purports to waive a right or
to exempt a landlord from a liability or duty under this section is
void.

http://www.capitol.state.tx.us/statutes/pptoc.html

 

[ENASNI]

In TX, the landlord kinda has to make an effort to rent the unit. 91.006. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A
landlord has a duty to mitigate damages if a tenant abandons the
leased premises in violation of the lease.
(b) A provision of a lease that purports to waive a right or
to exempt a landlord from a liability or duty under this section is
void.

http://www.capitol.state.tx.us/statutes/pptoc.html

Somethin' called migrate, migraine, mitigate, yeah, that's it, mitigate.

Clever one Queenie, I remember my Biology teacher's mantra was " Adapt, Migrate or Die".
We chnaged it to " Adopt a tutor, Migrane and Diet Coke"i to stay up allnight to study for his tests... "

 

[ecmst12]

So the question now becomes, what is the minimum effort they would have had to make under the law, and also what is the consequence if the minimum required effort was not made.

 

[Ohiogal]

So the question now becomes, what is the minimum effort they would have had to make under the law, and also what is the consequence if the minimum required effort was not made.

Consequence is to forfeit the rents they would have received both from the person under the lease and a new tenant. Minimum effort is the minimum effort normal for landlords (reasonable landlord under the circumstances) -- in other words they should place ads and take the necessary steps to locate new tenants.