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I didn't give a two month notice to vacate my apartment

I didn't give a...

I didn't give a two month notice to vacate my apartment under the impression that when my lease was up I was out. Now they want to charge me two more months rent and give me a deposition. I can pay the rent to not further the situation, but what should I expect Fremont the deposition?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Texas

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The unit wasn't lived in for long. Should be minimal repairs. It was a nine month lease

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Answered in 5 minutes by:
3/23/2018
Nisha Jones
Category: Legal
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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I'm sorry to hear about your situation.

What did your lease say with regards ***** ***** not to renew?

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Customer reply replied 1 month ago
I don't have it with me but I'm sure it was written that a notice was needed.
Customer reply replied 1 month ago
My main issue is what to expect from the deposition. I don't want to pay the two months rent and then they keep adding on to it. I want to pay it off and be done with it.

Thanks for clarifying.

The lease is going to be the governing document in this matter, so that means that if it did contain a notice clause and you did not supply that notice, you most likely will be found liable by a judge for the penalty fee of 2 months' rent.

Unfortunately that lease is a legally binding contract that was entered into by you and your former landlord, and there is not much that can be done to avoid the terms and penalties listed therein.

Why are you being subpoenaed to a deposition? Is this in regards ***** ***** lawsuit the landlord is preparing to file against you?

Yes, if you pay off the fee owed under the lease, the case should be closed out without any need to attend a deposition.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Legal
Satisfied Customers: 2,598
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
Nisha Jones and 87 other Legal Specialists are ready to help you
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If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

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Customer reply replied 1 month ago
Well they said they are going to mail me a deposition. They said I broke my lease by not notifying them. Which I understand, I just thought two months of rent to get ready for the next tenant would be enough. Does a mailed deposition mean I would have to go to court? I really know little of what it means. Could it just be an additional charge?

There shouldn't be any additional charges.

A deposition is usually given in regards ***** ***** legal case.

In your situation it would appear that your former landlord has retained a lawyer in an attempt to file a civil lawsuit against you for the non payment of the fee.

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You should refrain from answering anything in writing, without speaking with an attorney first about the specific allegations in the deposition.

You also should not attend a deposition without an attorney present.

Anything you say or write will be admissible as evidence against you in court.

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If you decide you'd like to hire an attorney to represent you in this matter, you can contact the Texas State Bar and ask for a referral to a civil lawyer in your area.

The phone number is:

***-***-****

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Customer reply replied 1 month ago
Should I pay the two months rent before receiving the deposition? Or wait for legal council? The deposition will probably be sent after the rent is due?

Are you still at this rental unit now?

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It may be better to continue our discussion over the phone. I've sent you the link above, if you'd like to continue with a call to talk about this matter further.

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Customer reply replied 1 month ago
No. I moved out two months ago and was paying the rest of the lease to avoid a situation like this. The lease ends April 9th. They want to charge me fully for April and a prorated amount for May which is about half the normal rent.

Is that supposed to be to cover the 2 month penalty?

Or is that intended to be in addition to?

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Ultimately the decision rests with you whether to continue to pay, or whether to appear in court and object to your landlord's allegations.

JustAnswer is meant for general informational purposes only, and I cannot give you specific legal counsel on what you should do.

As we discussed, if the lease had a notice clause, then yes you would be liable for that 2 months' penalty if you breached the clause.

Even if you pay, this does not prevent your landlord from making other allegations with regards ***** ***** to the property, etc. so it's possible that if they want to be vindictive, they may still decide to pursue a civil suit.

That does not mean that they would win a judgment against you.

But you would need to file a written Response if you do receive a Complaint and notice that they have filed suit.

If that happens, you should consider hiring an attorney to represent you.

You can contact the State Bar at the number I sent you above.

You should also contact an attorney before attending any depositions or filling out a written deposition.

I hope that helps!

Best of luck to you with this!

Let me know if you'd still like to schedule a call to talk about this further.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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