Lulabells

IQ Data Int, fined for giving a complex too much notice?

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Copperfield Village in Houston was home for 2 years then family was moving to Arizona conveniently right when my lease was ending and I moved. I gave the complex 60 days notice, when they called asking me to sign a new lease twice in the two months before I moved I reminded them I had given them written notice and would not be renewing. Paid the rent all the way through the end of the lease, moved out, cleaned the apartment and even had the carpets done professionally, all nice and neat. Moved and was happy until IQ Data calls demanding over $500 for "insufficient notice"?! I called the complex and they told me they had taken my 60 day notice as a warning that I was thinking about breaking my lease early and had disregarded it since they asked for 30 days notice in the lease, I had brought them another copy of my notice in November when they called asking me to come sign a new lease in addition to the one I gave them in October. Can I seriously be charged a fee for giving a complex too much notice and not renewing my lease leaving a neat clean apartment paid in full through the end of my lease term? This is showing on my credit report and has now been there for 2+ years as I moved in Dec 2012.

 

 

 

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Before you go gung ho, a quick look at the least is in order to make sure they did not put in a clause about maximum time to inform that you are moving out. Odds are there is not such a clause but you never know.

If there is no such clause, then the minimum notice clause will prevail and since there is no maximum notice rule in either state law or case law, this charge is probably illegal. I bet they also withheld your security deposit if you did one.

What I would do is send a letter to both the landlord and the collection agency stating that the law does not provide for a maximum amount of time and neither did the contract. Hence, the notice you gave was in accordance to the contract that you signed and that you do not owe them anything. If you paid a security deposit and they did not return it, demand that. Inform them that you do not plan on paying this and that you will discuss this issue with your attorney if they continue to try to collect. I would them ASAP get an affidavit notarized as to what happened when you moved out as you saw it. Include all names and titles of persons you talked to. Do it now while it is all fresh in your mind. Finally, especially if a security deposit is involved, talk to a Texas consumer or housing rights attorney. My bet is if they think you have a case, they will take it on for you there.

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