McClennan County TEXAS
My situation has special circumstances and just wondering what I should do. . .
11/10 Notified landlord that we wished to move out two months prior to lease end term.
Lanlord said he would try to find another tenant. We understood that if he didn't, we would be responsible for the rent until he found a new tenant. We said we would be able to surrender the premises when he found a new tenant.
11/14 He found a possible tenant, and asked to come take photos of propery. We honored the request and even emailed him additional photos to assist his efforts.
11/26 He notified us to vacate the property by 12/1 for the new tenant to move in. Even with this being only four days notice, we honored his request and was glad he found a replacement. The landlord at that time verbally said we were no longer responsible for the remaining rent which was due on 12/1 and 1/1, the last two months of our lease term.
11/28 The property was cleaned, carpets cleaned, etc. Keys and propety surrendered to landlord
12/1 We removed our name from utilities, under the assumption that we were released from responsibility and that new tenants aquired the property.
12/4 The landlord calls us and requests December rent. He claims that new tenant did not move in and no lease was signed for new tenant.
Therefore my question is. . . Am I responsible? Do I still have to pay Dec & Jan rent after we have surrendered property at landlord request. Would he be in default for giving us four days to move out and taking the keys? He claims that he doesn't have to find a new tenant; is this true? He also claims that even if he did rent the property, he could still charge us the last two months of our lease. Isn't that double dipping; can he do that?
We also have $1275 in security deposit. When does he have to return that? Is it 30 days after 11/28 when we surrendered the property or 30 days after the original lease term ending 1/31.
Any advice would be appreciated. I'm not trying to make excuses, and understand if I'm am legally wrong. We were just told verbally that we were released, and then called four days after rent is due saying we weren't. I'm a dummy for not getting that in writing and am kicking myself now! PLEASE HELP
My situation has special circumstances and just wondering what I should do. . .
11/10 Notified landlord that we wished to move out two months prior to lease end term.
Lanlord said he would try to find another tenant. We understood that if he didn't, we would be responsible for the rent until he found a new tenant. We said we would be able to surrender the premises when he found a new tenant.
11/14 He found a possible tenant, and asked to come take photos of propery. We honored the request and even emailed him additional photos to assist his efforts.
11/26 He notified us to vacate the property by 12/1 for the new tenant to move in. Even with this being only four days notice, we honored his request and was glad he found a replacement. The landlord at that time verbally said we were no longer responsible for the remaining rent which was due on 12/1 and 1/1, the last two months of our lease term.
11/28 The property was cleaned, carpets cleaned, etc. Keys and propety surrendered to landlord
12/1 We removed our name from utilities, under the assumption that we were released from responsibility and that new tenants aquired the property.
12/4 The landlord calls us and requests December rent. He claims that new tenant did not move in and no lease was signed for new tenant.
Therefore my question is. . . Am I responsible? Do I still have to pay Dec & Jan rent after we have surrendered property at landlord request. Would he be in default for giving us four days to move out and taking the keys? He claims that he doesn't have to find a new tenant; is this true? He also claims that even if he did rent the property, he could still charge us the last two months of our lease. Isn't that double dipping; can he do that?
We also have $1275 in security deposit. When does he have to return that? Is it 30 days after 11/28 when we surrendered the property or 30 days after the original lease term ending 1/31.
Any advice would be appreciated. I'm not trying to make excuses, and understand if I'm am legally wrong. We were just told verbally that we were released, and then called four days after rent is due saying we weren't. I'm a dummy for not getting that in writing and am kicking myself now! PLEASE HELP
