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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33781
Experience:  Attorney for over 15 years, landlord 26 years
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In Texas, if my lease expires Sept 30, On Aug 25, I gave

Customer Question

In Texas, if my lease expires Sept 30, On Aug 25, I gave about a 30 day notice to move out by October 4th. They require 60 day notice, and want to charge me for October plus a reletting fee. So essentially I pay rent for September (part of my lease agreement), October (not part of lease), and then another 85% reletting fee, is this legal
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Does your written lease state that you have to provide a 60 day notice prior to the lease termination if you aren't renewing?

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What is the reletting fee?

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Is this stated in your lease that you are responsible for this?

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thanks

Barrister

Customer: replied 1 year ago.
60 day notice on lease. Reletting fee 85% of rent. I interpret reletting fee is only if we terminate lease early. We haven't renewed this lease or received a request to renew.
Expert:  barristerinky replied 1 year ago.

Ok, if the required notice period is stated in the lease, then they can hold you liable for rent up to that 60 day period because legally you haven't properly terminated your tenancy. However, that would mean that you could continue to reside there for that full 60 days if you chose to do so.

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As for the reletting fee, reletting fees are authorized in lease agreements often written by Texas Apartment Association (TAA). The reletting fee must be a fair amount to cover actual expenses for getting a new tenant on the hook and cannot be unfairly inflated. TAA usually sets this fee at 85 percent of a month's rent.

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So under TX law, this would be permissible.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister