Rent vs Buy in Dallas>Question Details

dorianse25, Home Buyer in Carrollton, TX

I've finally found a home and moving out of apartments. 60-day notice required for month-to-month tenants?!

Asked by dorianse25, Carrollton, TX Sat Jan 5, 2013

I have been out of lease for over year now. I go to give 30-day notice, but they say they require 60. I remind them I'm not in a lease. They say "it doesn't matter". "Lease agreement requires 60". I say "Thats WHY I wasn't in a lease". I doesn't make since that I've paid a month-to-month fee for so long only to have same requirements. (I've been to court with them 2 times before for their mistakes. Hidden Oaks, 9236 Church Road, Dallas, TX 75231)

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8
George Shires’ answer
I always advise people in your situation to seek the advice of an attorney to advise you based on the specific fact circumstances of your situation. Now, just based on what you've said, if you have been out of a lease for any period of time (even a single day) but still in possession of the premises, you are in what is called a "holdover tenancy". You say though that you have been in a holdover tenancy situation for over a year, and that you want to remind them that you "are not in a lease." Unfortunately, the law in Texas is that even if a lease does not contain a holdover provision (which we don't know whether yours does or not), if the tenant remains in possession and rent continues to be accepted by the landlord, the terms of the expired lease are presumed to continue unless there is an agreement to the contrary. Also, under the common law holdover rule, a landlord may elect to treat a tenant holding over as either a trespasser or as a tenant holding under the terms of the original lease. So, based on the limited information you've provided, you are still bound by the terms of your expired lease until you either sign a new agreement with the landlord, or terminate the holdover tenancy under the terms of the expired lease and then physically vacating the premises. Consult an attorney for your situation, and best of luck.
0 votes Thank Flag Link Tue Jan 8, 2013
You want to refer back to your original lease.
Most of the terms of the original lease will apply even if you are now on month to month.
Typically this will mean all the terms of the original lease still apply and it renews monthly until either party gives the notice required for moveout....which is now often 60 days.

Of course none of us know how your original lease is written...you will have to refer back to it.
0 votes Thank Flag Link Sun Jan 6, 2013
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
Sounds like a challenging relationship with the landlord. Also, sounds like you may have trouble getting a security deposit back. Following the lease to the letter (with the assistance of someone qualified to help protect you) would be my best advice.

Brent Rice, Trulia Top Recommended Broker (Pro & VIP)
The Rice Group, Inc.
Website: http://www.ricegroupinc.com
214-808-3100
Brent@RiceGroupInc.com
0 votes Thank Flag Link Sat Jan 5, 2013
You need to review your original lease agreement, which should have a clause in it that states what happens when a tenant goes on a month to month basis. 60 days is common, so it would not surprise me to find that the clause states that. Read your lease agreement - what you need to know is in there.
0 votes Thank Flag Link Sat Jan 5, 2013
If you've misplaced your lease, ask to see it in writing. Glad you have given the rest of the readers warning about giving notice and what it requires.
0 votes Thank Flag Link Sat Jan 5, 2013
I agree with my colleagues, it depends on what your lease states.
0 votes Thank Flag Link Sat Jan 5, 2013
As Kenny said, you need to read your lease.
0 votes Thank Flag Link Sat Jan 5, 2013
Whatever the lease states and it will state the terms when the lease goes month to month.

Kenny
Turtle Creek Realty
0 votes Thank Flag Link Sat Jan 5, 2013
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