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I was given a notice to quit my apartment. Can I just leave?

Customer Question
I was given a notice to quit my apartment. Can I just leave?
Submitted: 1 month ago.Category: Landlord-Tenant
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Answered in 1 minute by:
1/6/2018
Lawyer: RobertJDFL, Attorney replied 1 month ago
RobertJDFL
RobertJDFL, Attorney
Category: Landlord-Tenant
Satisfied Customers: 14,346
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. What was the notice to quit for? Were you a month to month tenant? Did you fail to pay rent? Violate a lease term and they want you out? Having some more information would be helpful. Thank you.

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Customer reply replied 1 month ago
It's my fiancé unit. Here's the situation:
She moved in on "consession" price.
Her rent is $1640/mo
She was late late with her water bill and rent a few times. She gave over a 60 day notice to terminate lease at end of lease term 3/31/18. At that time and ONLY at that time they informed her she had used up all her "concession" money and would now be responsible for full rent price at $1900/mo. She explained she can't do that because $1640 was her limit for budget. The office responded saying that she could stay and continue to pay $1640 and that they would settle the balance after move out. She was just given a hand written and signed notice to quit the apartment due to the balance owed from last month and this month. The date to quit is 1/19/18. they also said she has a last months rent on file and that they could use that for the balance and she would need to stay through the 3/31/18. I want her to be able to walk away on 1/19/18 legally since she was given a written notice to do so.
Lawyer: RobertJDFL, Attorney replied 1 month ago

Thank you for the reply and additional information. Please just give me a few minutes to type out an answer.

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Lawyer: RobertJDFL, Attorney replied 1 month ago

Okay, so it sounds like what your fiance got was a notice to pay or quit, which basically says "Pay the rent you owe by ____ date (they typically give only 3 days, so it's interesting they're giving her more time) or vacate the apartment. If she doesn't leave, but doesn't come up with what she owes, then they would have to file for an eviction and get a court order to have her removed.

Can she just leave? Yes, but that doesn't absolve her obligation under the lease. She signed a lease through 3/31/18, and therefore, even if she leaves, the apartment could sue her for any unpaid rent because it would constitute a breach of contract. Similarly, if there are any damages to the apartment when she leaves that her security deposit (if any) doesn't cover, they could go after her for that as well.

Please let me know if I may clarify anything or provide you with additional information. Thank you.

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Customer reply replied 1 month ago
i don't understand. If they gave her a notice to pay or leave and she doesn't pay and she leaves how does that make her responsible for the rest of the lease? They gave her a notice to pay or quit. If she takes the quit option that they signed for on the notice, is that NOT them breaking the lease contract themselves and ending the terms of the lease early?
Lawyer: RobertJDFL, Attorney replied 1 month ago

Sorry, had to step away for a few minutes. Typing a reply now.

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Lawyer: RobertJDFL, Attorney replied 1 month ago

It is not them breaking the lease.

With a pay or quit notice, a tenant has a choice to either pay to stay to live there or move out. If they do not pay and stay, the landlord will file for eviction. Your fiance still owes money for rent, even with the notice. Their lease is not "up." It is only up at the end of their signed term on 3/31/18. By not paying rent, she is violating that contract. They are still legally liable for rent and the terms within the contract, and the landlord could sue them in court, get a judgment, and then go after them for the money owed.

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Customer reply replied 1 month ago
Ok, I can't see anywhere in the lease that it states they can use "consession" money for payment if she fails to pay rent ontime or short on rent.
Lawyer: rayanswers, Lawyer replied 1 month ago
rayanswers
rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 45,265
Experience: 30 years as a Texas lawyer dealing in landlord tenant
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Ray a new expert.

If she doesn't pay here they can still evict here and seek rent.She should contact landlord and see if they will agree in writing to her leaving and not pursue back rent.This would resolve and allow her to leave and void judgment.

Thanks and thanks for rating 5 stars.I appreciate your patience.

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rayanswers
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Category: Landlord-Tenant
Satisfied Customers: 45,265
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Experience: 30 years as a Texas lawyer dealing in landlord tenant

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