30 Day vs. 60 Day Notice

[gianna06]

What is the name of your state? TX

Hello All,
Okay this is my situation. My lease expired on 03/31/08. My lease specified that I must give a 60 day notice to vacate or I would automatically renew on a month to month basis. I chose not to renew and my rent went from $645 to $713 plus an additional month to month fee of $150. I gave my notice on April 7th. My landlord says they received it on April 8th. (Fine, okay) My landlord says that I am required to give a 60 day notice even though I on a month to month. Does this sound right? I mean do I really have to give a 60 day notice even though I am on a month to month lease? I did not sign any new documents I just told them I was going month to month. Why should I have to give a 60 day notice and still have to pay the additional $150. I mean it just seems to defeat the purpose of going to a month to month. I mean I would have at the very least signed a 3 month lease if that was the case and saved myself the additional $218 every month. Are there any laws or statutes regarng this in Texas?

Thank you for all of your help.

 

[HuAi]

You maybe a month-to-month tenant but you still have to follow all the stipulations of your now expired lease. All terms except end date have remained the same.

 

[aabbcc]

Written lease agreements can require any number of days for move-out notice. State law only comes into play if no time frame is given or no written lease exists. Since this is not the case, there is little point to elaborate further.

As mentioned in previous post, just follow the contract.

 

[queenofsand]

Here's the law:
http://www.housing-rights.org/PDF/Chapter92.pdf

Did you receive notice of the rental increase in writing or are those prices in your lease? If not, I would argue that you weren't properly notified of the increase so you will be paying the amount listed in your original agreement. You may not be able to do this if you have already started paying the increased amounts--you accepted their new terms.

 

[gianna06]

Okay so get this I spoke to the management company today and they told me that if I would have just stayed a month on the month to month lease then a 30 day notice would have been acceptable. Meaning I would have needed to give my notice on April 1st. But because I didn't give my notice until April 7th they say April 8th but whatever right, then I have stayed over one month and now am required to give a 60 day notice. WTF? Are you kidding me with this bullshiza? I told the woman that I had read the Texas Landlord - Tenact Law and it explained that on a month to month you are required to give only a 30 day notice. She said that giving 60 days is their policy. So of course me I went on to say Well hot damn I think I just found the first company whose policies superceed laws. She said she would look into it for me and call me back. That was over 12 hours ago. So we'll see what they say. None the less I'm leaving on the 8th of this month.

 

[LindaP777]

Meaning I would have needed to give my notice on April 1st. But because I didn't give my notice until April 7th they say April 8th but whatever right, then I have stayed over one month and now am required to give a 60 day notice. Texas Landlord - Tenact Law and it explained that on a month to month you are required to give only a 30 day notice. She said that giving 60 days is their policy.

They are correct. A 30 day notice is required, and you must pay for a full month. If you intended to be out by April 30th, you would have had to give notice by March 30. If you intend to be out by May 30, then you needed to give notice before April 30, which you did - so your full final month will be May. You are renting month-to-month, not day-to-day or week-to-week. The Landlord does not have to prorate the final month (except in California) and in essence, that's what you want them to do. Be prepared for them to withhold the extra rent from your security deposit.