Legal Question in Real Estate Law in Texas

My Apartment Management is demanding a "30-day Notice to Vacate" today 7 months ahead of the expected moveout date in order to process an apartment transfer. I am supposed to transfer to a new apartment (an extension of the current building) under the same management, which is currently being built, but it will not be available until 6.5 months from now (hence my expected move-in date being 7 months from now). Since the new apartment is not even finished being built as yet and since, there is no guarantee that the apartment will be ready in time for me to move in by the vacate date that they are asking me to submit. Is there any way I can avoid having to sign this notice to vacate? I don't want to be caught in the middle with nowhere to live.


Asked on 1/28/14, 3:38 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

It sounds as if these folks want you to do something for THEIR convenience because they didn't plan ahead.

Start putting your communications IN WRITING. No phone calls or emails. Write a letter to them (postage is now 48 cents) that says: "I understand that you want me to move out. I am reluctant to do so without written assurance from you that the new premises will be ready as promised. Please provide a letter of guarantee, to include a guarantee that you will cover my moving expenses, which I expect to be approximately $X; otherwise, since I have a valid lease to live here where I am, I will continue to live here."

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Answered on 1/29/14, 2:42 pm


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