Breaking lease-landlord agreed by text message (apartment, tenant, rental, security deposit) - Renting -Apartments, houses, lease, tenant, landlord, agreements, termination - City-Data Forum

tessie425 · 01-24-2014, 05:57 AM

Just curious if I could get some input on this.

I moved into this place at the end of December. have been having a major bug issue since moving in. Landlord agreed to let me out of the lease since the problem is not getting resolve, and admitted, through text messages and e-mails, that "had she know the apartment was like this she never would have rented it" and "she probably won't re-rent it because of the issue". She also has the the place on the market to sell, and she has since I move in...she claims she never got around to pulling the listing, but that's neither here nor there. She also said, through text, that the issue probably isn't getting resolved because the building is not doing what they should do to treat the issue.

I offered to let her keep security in exchange for me being able to leave.

She also said, in a text message, that "once I move out, the lease is terminated".

I have saved all the messages.

I will be moving out in mid-February. But I just want to make sure I am covered, as far as her trying to come after me after I leave. Like I said, I have all the messages she sent me agreeing that the lease is terminated once I leave.

Is this sufficient, should she try to pull something?

STT Resident · 01-24-2014, 07:17 AM

You should send your LL a return receipt certified letter simply confirming what was agreed to in the text messages and ask that she acknowledge by return in writing.

S2C, it appears that the OP has changed her user name for some reason as all previous posts by jen5276 now show this new name.

oregonwoodsmoke · 01-24-2014, 12:30 PM

I suggest that you print out some hard copies of those texts and keep them in a safe place.

Then you send the landlord a letter with delivery confirmation that states something to the effect of: as we agreed by text message on such a date that I could move out with blah blah terms. I am giving you my 30 day notice and will be out on *date*.

Please leave the place nice and clean. She is trying to sell and it sounds like she has been very fair to you. Return the kindness and don't leave her house damaged.

NoMoreSnowForMe · 01-24-2014, 07:12 PM

Quote:

Originally Posted by oregonwoodsmoke

I suggest that you print out some hard copies of those texts and keep them in a safe place.

Then you send the landlord a letter with delivery confirmation that states something to the effect of: as we agreed by text message on such a date that I could move out with blah blah terms. I am giving you my 30 day notice and will be out on *date*.

Please leave the place nice and clean. She is trying to sell and it sounds like she has been very fair to you. Return the kindness and don't leave her house damaged.

^^^^ I agree with this completely! Yes, the texts are okay - they are in writing. If you can download them, or email them to yourself, etc., so you have a hard copy, that would cover you, should it end up disputed.

jameshardin · 01-25-2014, 10:41 PM

Text messages do constitute agreements being "in writing", but they are more easily contested by the sender than an e-mail. Be advised, the lease simply being terminated does not necessarily absolve you from any responsibility from lease termination, unless otherwise agreed.

Sorry if that did not make sense, I have literally been negotiating deals and showing homes all day, my mind is smoked.

tessie425 · 01-26-2014, 07:39 AM

Quote:

Originally Posted by jameshardin

Text messages do constitute agreements being "in writing", but they are more easily contested by the sender than an e-mail. Be advised, the lease simply being terminated does not necessarily absolve you from any responsibility from lease termination, unless otherwise agreed.

Sorry if that did not make sense, I have literally been negotiating deals and showing homes all day, my mind is smoked.

Really? I thought once an agreement was terminated, that was it. It was no longer valid. Like I said, I forfeited my security deposit in order to be let out of the lease.

She has agreed to sign a letter agreeing that the lease is terminated. I also put in a paragraph that we are no longer liable for any expenses related to the lease once we vacate.

malstein1 · 03-03-2015, 09:39 AM

This is for TX. Well my situation is reversed but it still pertains to text messages. I am a new LL and used texting as a mode of communication with the tenant for general items . Tenant was building a new house so they sent me a text saying that house would be ready a month after the lease was up so what could be done . For which I texted back in exact words " great news , after lease is up we will move to a month to month how ever the 30 day notice and every other clause on the current lease will stay the same "
So in January they sent me a 30 day notice to move out in Feb to which I immediately replied that it was a 60 day notice and that they will still be responsible for February rent as well. They pushed back saying that i had " agreed" to a 30 day notice ( using my text above ) and that the contractual obligation of 60 days was void .
So can that yet be used against me or does the contract still trump it . I mean I didn't agree to thatb, it was just a on the fly reply to remind her that even if she goes month to month all remains the same .

STT Resident · 03-03-2015, 10:14 AM

Quote:

Originally Posted by malstein1

This is for TX. Well my situation is reversed but it still pertains to text messages. I am a new LL and used texting as a mode of communication with the tenant for general items . Tenant was building a new house so they sent me a text saying that house would be ready a month after the lease was up so what could be done . For which I texted back in exact words " great news , after lease is up we will move to a month to month how ever the 30 day notice and every other clause on the current lease will stay the same "
So in January they sent me a 30 day notice to move out in Feb to which I immediately replied that it was a 60 day notice and that they will still be responsible for February rent as well. They pushed back saying that i had " agreed" to a 30 day notice ( using my text above ) and that the contractual obligation of 60 days was void .
So can that yet be used against me or does the contract still trump it . I mean I didn't agree to thatb, it was just a on the fly reply to remind her that even if she goes month to month all remains the same .

You may be in a sticky position here as you clearly said "30 day notice" and not 60. Is it really that big of a deal to let them give you 30 days notice? If I were in your shoes and if they've been good tenants, I would back off. Don't sweat the petty stuff!

NY Annie · 03-03-2015, 10:46 AM

Quote:

Originally Posted by malstein1

This is for TX. Well my situation is reversed but it still pertains to text messages. I am a new LL and used texting as a mode of communication with the tenant for general items . Tenant was building a new house so they sent me a text saying that house would be ready a month after the lease was up so what could be done . For which I texted back in exact words " great news , after lease is up we will move to a month to month how ever the 30 day notice and every other clause on the current lease will stay the same "
So in January they sent me a 30 day notice to move out in Feb to which I immediately replied that it was a 60 day notice and that they will still be responsible for February rent as well. They pushed back saying that i had " agreed" to a 30 day notice ( using my text above ) and that the contractual obligation of 60 days was void .
So can that yet be used against me or does the contract still trump it . I mean I didn't agree to thatb, it was just a on the fly reply to remind her that even if she goes month to month all remains the same .

There's no law that says you need to respond without thought. You set out a new term of the rental by typing 30 days. Sorry, you are stuck with it.

That is one reason I DETEST texting. First, it isn't easy to touch-type on a keyboard the size of an infant's fist. Second, people don't take 2 seconds to plan out what to say or to proofread their txt spk.

Next time, realize you do not have to respond without thinking - just like opening your mouth, thought should always precede the sound.

momtothree · 03-03-2015, 11:09 AM

Quote:

Originally Posted by malstein1

This is for TX. Well my situation is reversed but it still pertains to text messages. I am a new LL and used texting as a mode of communication with the tenant for general items . Tenant was building a new house so they sent me a text saying that house would be ready a month after the lease was up so what could be done . For which I texted back in exact words " great news , after lease is up we will move to a month to month how ever the 30 day notice and every other clause on the current lease will stay the same "
So in January they sent me a 30 day notice to move out in Feb to which I immediately replied that it was a 60 day notice and that they will still be responsible for February rent as well. They pushed back saying that i had " agreed" to a 30 day notice ( using my text above ) and that the contractual obligation of 60 days was void .
So can that yet be used against me or does the contract still trump it . I mean I didn't agree to thatb, it was just a on the fly reply to remind her that even if she goes month to month all remains the same .

Technically they gave you 60 days or more notice when they ask to rent a month beyond the lease end. Why are you pushing the 60 day notice that you already knew they were leaving somewhat a month after the lease end?

As for the contract vs texting. Check the top sticky on the first page for your state law. But as others said, I think you are out of luck on that. Especially with you knowing that they were leaving somewhat a month after the original lease ends.