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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38233
Experience:  Attorney over 17 years, landlord 26 years
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My daughter moved out of her apartment in December. The

Customer Question

My daughter moved out of her apartment in December. The lease said they needed 60 days written notice. She did not know that, but the lease also said they were required to provide a reminder which they did not. She notified them at 55 days and also tried to talk to the owner. They refused to allow her to speak to the owner. Is there any way to avoid paying the rent check for the month when she did not live there?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: Just got notice today from a collection agency
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses, but rest assured, I am working on your question. The website may offer a phone call option, but it is optional.

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She can respond to the debt collector and ask for them to "validate the debt" under the Fair Debt Collection Practices Act by providing proof that she owes the debt they are alleging. She can tell them that she fulfilled the term of her lease and paid all monthly rent due and that the charges are not legitimate.

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They have to contact the landlord to validate the debt and if the landlord doesn't provide proof that she owes the debt within 30 days then they can not pursue collection activities any longer.

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thanks

Barrister