rental lease contract question

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Joined: 05/23/12
Posts: 690
rental lease contract question

Hi All!

I was just wondering if maybe someone might be able to help me out. Today (May 19) my landlord gave us a written notice that we have to vacate by June 19. Our lease expires on June 8. He says the notice from today's date is our thirty days notice to move. He wants us to move because he wants to sell the house and is afraid he'll miss the market being it's summer and all.

Does the thirty day notice have to start from the June 8 lease end date or is now also fine for him to give?

Our contract says exactly the below:

This lease automatically renews on a month to month basis unless Landlord or Tenant provides the other written notice of termination not less than thirty days before the expiration.

On the last day of the month following the month in which the notice is given, Landlord is not obligated to prorate the rent even if Tenant surrenders the Property before the termination date.

mom2robbie's picture
Joined: 01/20/07
Posts: 2541

Not sure if it is the same but in Canada it is 30 days from the letter considering that it is a month to month lease.

Joined: 05/23/12
Posts: 690

thank you!

If this is ok for him to do and he's not willing to extend any longer I really don't know what to do. We are moving out of this city but my husband's job doesn't finish until July 31.

Spacers's picture
Joined: 12/29/03
Posts: 4103

It might depend on your state laws, and your state laws will supercede anything in your lease. Some states require a 60-day notice for landlords to terminate a lease at the end of the contract period, while others require the landlord to give notice before the end of the lease but the 30 days to vacate begins after the lease expires. The way your lease is written, if you accept the 30 days notice now, you will still owe him for the full month of June even though you'll be leaving on the 19th, and that's not cool and I would NOT agree to it.

Here's what I would do. First, see if you can find a tenant lawyer in your state who can answer the question and/or post it to one of the "free legal advice" websites and specify that it's Texas. Also, concurrently, write your landlord and explain that your husband's job ends at the end of July and state that you *will* be vacating at that time. Ask if you can stay put until then, and agree to mow the lawn & tidy up the place to show any potential buyers with 24 hours notice, and sign a contract agreeing to waive your right to month-to-month tenancy after the lease expires and agree to leave on or before August 1st. A potential buyer isn't likely to be put off by a tenant that has agreed to leave on a particular day that they probably won't be able to move in by anyway, and it's also less liability for him than having a vacant house sitting empty that might draw vandalism, squatters, etc. It *could* be a win-win situation for both of you.

Also check (and post on) Craigslist for short-term rentals in your area, someone might be on vacation & looking for a housesitter for a week or two, that might cover you for the time in-between places.

Joined: 05/23/12
Posts: 690

I completely forgot to come back and update. Thank goodness we got it all worked out!!! Smile

MissyJ's picture
Joined: 01/31/02
Posts: 3254

Congrats on getting that worked out! Now you must be immersed in packing and trying to find a new home? Good luck!