How much notice does an apartment complex need to give you before the lease renewal comes up? Is it the management's obligation to find out what the tenant's going to do at the end of the lease term or the tenant's obligation to make the management aware of their plans at the end of the lease? I wish this was for class but it is for real...
It should be stated specifically on your lease agreement. There are so many variables here that the leasing agent (aparment complex, property management company, private individual) pretty much has to specify in the lease. Often, you'll see a 30-day or 60-day period leading up to the end of the lease during which you as the tenant have to notify them of your intentions. If you don't do anything at the end of that time, you may be renewed automatically... or go month-to-month. Mine happens to be 30-days... followed by month-to-month... but I don't think that's always the case.
The leases I had in college all had two month notices. I had two apartments that I didn't live in for more than four months, and both times I signed the intent to vacate papers at the same time that I signed the lease. In the apartment I lived in for a year, the apartment complex was kind enough to give me a notice that I didn't have much time left to turn in my decision. That said, I do believe that it is the tenant's obligation to let the apartment management know. As kpsta said, it should be specifically spelled out in your lease. What's your specific problem?
Most complexes, if they're under good management, will send you a reminder notice and tell you they have some special discount if you sign a renewal early, blah blah blah... If you've got a sheisty management company, they'll just sit back and wait for you to not give notice in time and slap you with a bunch of fines. Unfortunately, like it's been said, it's YOUR obligation. Not theirs. I had the latter happen to me, but unfortunately for them, I called before the deadline and talked to someone in the office and specifically asked when my deadline was. They told me 30 days. So when I failed to give the 60 days that was written in the lease they never gave me a copy of, they were all to happy to try to fine the hell out of me. Too bad for them I had my call history on my phone and I remembered the guy's name who told me wrong. I argued the hell out of them, and they eventually gave up.
I talked to a woman at our apartment complex in late May becasue we had referred a friend to the complex and they rented. She looke din my file and said that the referral reward would most likely be taken out of our August or September rent. I talked to someone on Friday about renewal specials and they said they would get someone to call me back because they weren't sure what the specials were. I called today and was told that only a certain person knew and I should call back later. I called back later and she said "Your lease is up at the end of this month." I said you guys never gave us any paperwork about it coming up or renewals like they have in the past. She said "can I call you back in a few minutes?" I gave her both my numbers. That was 3 and half hours ago. I'm starting to get a little upset.
This sounds like half the lease renewal stories I've heard... funny how that works. You never talk to the same person twice... Without knowing what's written on the lease agreement, it's hard to say what they'll do. However, they will most likely rely on the actual lease agreement in whatever dispute you have on this subject. Were you planning on renewing? Is this the first problem you've had with the apartment complex management? What never ceases to amaze me is that the people that work in these offices have absolutely no idea that acting like an irresponsible ass during a tenant's lease renewal might actually hurt their occupancy level. Not that is solves your current issue, but once you do move out... be sure to document whatever goes down here. Things like that can be helpful to other prospective tenants: http://www.apartmentratings.com/rate/TX-Houston.html
Call them again and tell them you were the person they were supposed to call back in a few minutes three and a half hours ago. And then get really assertive with them. Unfortunately, I think you might have to just go in there and refuse to leave until it gets settled. It sounds like this is going to be a huge throwdown.
Back before she was my wife, my wife lived in an apartment complex in Dallas. They required a 30-day notice that she was vacating the apartment at the end of the lease. So, for her last month, she stapled her rent check to the notice and handed it to them. After she moved out and turned in her keys, she received a bill from the complex stating that she never gave notice, so she owed them for another month at the higher month-to-month rate. She mentioned to them how she thought it odd they were able to cash the rent check without noticing the large sheet of paper with "Notice to Vacate" written across the top that was stapled to the check. They argued. She went to the complex, they pulled out her file and lo-and-behold, there's the notice to vacate in the file. Even with that, they wouldn't back down until after much more arguing. It was almost more trouble than it was worth.
