Legal Question in Landlord & Tenant Law in Texas

I have been living in my apartment for 3 months now and I was told that, if I did not like the apartment after that time I would be able to transfer apartments. So, i want to transfer to a much more affordable apartment and I am being told that now I would have to put in a 60 day notice to transfer. Its does not make since, since there is no guarantee that an apartment would even be available within 60 days and why would i give a 60 day notice after only 1 month of living there. Is that common or legal, I am aware that they can make you pay tranfer fee but its seems like they are being shady about it. transfee fee are not anywhere on my leasing agreement, so I dont know what to do about it


Asked on 3/12/15, 11:52 am

1 Answer from Attorneys

You said there is not a transfer fee in the leasing agreement but the other provisions governing a transfer would be important. If there is no language about transferring apartments in the lease then the transfer is governed by the terms that are present in the lease plus whatever arrangement is worked out between you and the property ownership/management about transfers. It is likely that your lease requires you to give a sixty day notice so they are free to require you to give that notice. Unless the lease requires them to provide a transfer or offer a transfer then you may not be entitled to one at all. It sounds like you need to go back and talk to the property management about how the transfer will work and try to get something in writing.

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Answered on 3/24/15, 10:42 am


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