Rentals in Austin>Question Details

Tina Weinber…, Real Estate Pro in Austin, TX

My lease ends May 1. When do I have to be out of the apartment--Midnight of April 31st? midnight of May 1? Morning of May 2?

Asked by Tina Weinberger, Austin, TX Wed Jan 11, 2012

State of Texas. All the lease says is: Commencement Date: May 1; Expiration Date: May 1.

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You legally have the right to stay until 11:59pm of May 1st, my advise would be to have clear communication of your intentions with your apartment managers...having a good departure can help you down the road with other lease opportunities or even when you are purchasing your next home...Good luck!
1 vote Thank Flag Link Thu Jan 12, 2012
Are you positive it's May 1? That's an odd day for them to tell you to leave. However, if it is then I imagine it ends 11:59 on May 1.
1 vote Thank Flag Link Wed Jan 11, 2012
You need be out at midnight on May 1, but in an apartment situation you should schedule a checkout with the apartment manager so there won't be any suprises with the deposit. That will have to be done durning business hours. Go through the exit inventory with them and get a copy. Take a series of pictures.
0 votes Thank Flag Link Wed Jan 18, 2012
Read your lease carefully and if you are unsure, confirm with the landlord/management company so there are no surprises. May be a "to" or "through" question. With what you have provided, I would think it would extend through the 1st.

I see that you are an agent - if you are unsure in how to interpret the wording of the lease, ask your broker.

Jeanne Feenick
Unwavering Commitment to Service, Unsurpassed Results
0 votes Thank Flag Link Thu Jan 12, 2012
Most lease agreements run from the 1st of the month to 11:59 on the last day of the month.

Check the "start and end date's" noted in your Lease Agreement.
0 votes Thank Flag Link Thu Jan 12, 2012
How is this legal? If the following lease then begins on the 1st of the next day, that forces tenants to be homeless for one night, which is entirely illogical.
Flag Wed Jun 29, 2016
I think you have your answer from many agents below. David really sums it best.

Warmest Regards,

Vanessa Nunez
0 votes Thank Flag Link Thu Jan 12, 2012
The other thing you need to double check is whether you have to give written notice in advance. I have had a few clients caught because they did not give the notice, so it didn't matter when their lease expired. Just double check that aspect too.
Sonia Roberts
Canady Realty
0 votes Thank Flag Link Wed Jan 11, 2012
Really need to read the lease.

If it says one year or 12 month, then be out before May 1st. Unless it says a year and a day.

My feeling is that "expire" means you're out the day before. Once May 1st gets here your right to occupy has expired. If it said "through May 1st" then you'd have the day.

Unless your lease defines this differently. Read the whole section and take everything literally. Or pay an attorney for a qualified opinion.

Jon Mutschink at Two Guys Moving is usually good about helping people out if you need to load up one day and move in the next. You might give him a try and make the move date less of an issue.

Good to be looking ahead in advance!

Good luck,

0 votes Thank Flag Link Wed Jan 11, 2012
Best thing is to come to a mutual agreement between yourself and landlord. If you cannot, it would be up to the legal interpretation of a judge, and different judges have diffferent interpretations of the law.
0 votes Thank Flag Link Wed Jan 11, 2012
You need to be out by 11:59 pm on the day the lease ends as per the contract. So if the lease terminates on May 1st you need to be out by 11:59pm on May 1st.

Don Groff
REALTOR® | Mortgage Broker
Keller Williams Realty | 360 Lending Group
o.512.669.5599 m.512.633.4157
0 votes Thank Flag Link Wed Jan 11, 2012
Tina, there is no April 31st, ever.
11:59 pm, May 1st, unless your lease specified a time that the lease expires.
Your broker may be able to help you out with this question also.
0 votes Thank Flag Link Wed Jan 11, 2012
Refer back to your may also want to check with your property manager.
I'm thinking midnight May 1st....hopefully you are not moving at midnight.
0 votes Thank Flag Link Wed Jan 11, 2012
Bruce Lynn, Real Estate Pro in Coppell, TX
Each contract is different.
It should specify in the signed lease agreement you accepted prior to moving in, by what you posted it sounds like you need to be out by 11:59 PM April 31st.

If you have additional questions. General of otherwise, feel free to contact me. If you're looking for other lease/purchase property I'd like the opportunity to advise you on that also.

0 votes Thank Flag Link Wed Jan 11, 2012
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