With Valentine’s Day rapidly approaching, it is nearly impossible to ignore all of the pink, red and heart shaped paraphernalia on sale at the grocery stores, convenient stores and shopping malls.  Even at our own apartment communities we focus our marketing themes around the infectious love themed holiday, i.e. “You will LOVE living here! We LOVE our residents!”

Over lunch yesterday afternoon, a few Asset Plus employees discussed their favorite Valentine’s Day memories ranging from dinner at Perry’s Steakhouse to ordering in and watching a movie. On the contrary to all of the feel good memories, there were definitely some discomforting Valentine’s Day memories that we had all either heard of or experienced firsthand. While debating which was worse, being dumped in person on Valentine’s Day or via a text message, one employee brought up the scenario of being broken up with via Facebook. Have you ever known this to happen to any of your friends or co-workers?

College students reported sending an average of 96 texts per day and 106 minutes on Facebook per day according to Dr. Rey Junco’s research in “Social Media in Higher Education.” A simple status change from “In a Relationship” to “Single” broadcasts in real time to your entire network of friends and online followers that you are now on the market. Our society works, plays and communicates on social networks like Facebook regularly, is it so out of the norm to be broken up with via Facebook and a simple status change these days?

In relationship to the property management business, we sometimes see apartment renters thinking it is completely fine to publicly “change the status” of their lease agreement via a Facebook notice. We have seen residents simply post a comment on the property’s Facebook Fan Page saying they plan to move out or “please take this is as my 30 day notice.”  However, unlike Facebook relationships where you can change your status instantly online, you cannot do this kind of cancelation for a lease agreement. 

All residents must give advanced written notice of their move-out date according Section 37 of the Texas Apartment Association lease agreement. You legally cannot accept a move-out notice from a resident via Facebook.  Here is a copy of the TAA Move-Out Notice Requirements:

37. MOVE-OUT NOTICE.   Before moving out, you must give our representative advance written move-out notice as provided below. Your move-out notice will not release you from liability for the full term of the Lease Contract or renewal term. You will still be liable for the entire Lease Contract term if you move out early (paragraph 22) except under paragraphs 10, 16, 22, 23 or 31.

• We must receive advance written notice of your move-out date. The advance notice must be at least the number of days of notice required in paragraph 3 or in special provisions—even if the Lease Contract has become a month-to-month lease. If a moveout notice is received on the first, it will suffice for move-out on the last day of the month of intended move-out, provided that all other requirements below are met.

• Your move-out notice must be in writing. Oral move-out notice will not be accepted and will not terminate your Lease Contract.

• Your move-out notice must not terminate the Lease Contract sooner than the end of the Lease Contract term or renewal period.

• If we require you to give us more than 30 days written notice to move-out before the end of the lease term, we will give you a written reminder not less than 5 days nor more than 90 days before your deadline for giving us your written move-out.  If we fail to provide a reminder notice, 30 days written notice to move out is required.

If you are not located in Texas, we advise you to check with your local apartment association and verify what deems a legitimate notice to move-out. Hopefully you will not encounter too many residents notifying you of move-out via Facebook, but in the off chance that you do, you will be fully prepared!