Cancelling the Automatic renewal of a lease.????

[scutter2]

My question is about a lease that automatically renews on July 1st. The lease states that I must give 60 days notice to leave...and upon paying my june rent and notifying that I would be leaving in 60 days the landlord intends to enforce a renewal of my lease for one year on July 1st. In another words, the landlords opinion is such that the lease renewed on MAY 1st when I didn't give 60 days notice at that time. Although I realize I am liable for the payment of 60 days of rent from the day I give notice.... it is my opinion that if I am notifying them before July 1st that I do not intend for that lease to be renewed automatically ..that I would NOT be on the hook for the entire year...only 60 days from when I gave written notice. A legal opinion on this matter would be appreciated.

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[Tracey]

The purpose of the 60 notice requirement is so that landlord has time to advertise the place and get lots of applications and screen the potential tenants without being rushed. You agreed to this when you signed the lease. The only way out from under this provision is if some TX court has held that automatic renewal of a year lease is unconscionable. Talk to your local tenant's rights association and ask if they have any information about this.

However, I think you are correct when you say that you can get out of the "renewed" lease after 60 days written notice. The TX legislature has determined that 60 days is enough notice for a landlord to find a new tenant and that L can't collect any damages beyond the 60 days. You won't be on the hook for the entire year. Line up your new housing for whenever you want. Here's the law:


§ 55-248.46

Termination of tenancy

A. Either party may terminate a rental agreement which is for a term of sixty days or more by giving written notice to the other at least sixty days prior to the termination date; however, the rental agreement may require a longer period of notice. A landlord may not cause the eviction of a tenant by willfully interrupting gas, electricity, water or any other essential service, or by removal of the manufactured home from the manufactured home lot, or by any other willful self-help measure.

B. If the termination is due to rehabilitation or a change in the use of all or any part of a manufactured home park by the landlord, a 120-day written notice is required to terminate a rental agreement. Changes shall include, but not be limited to, conversion to hotel, motel, or other commercial use; planned unit development; rehabilitation; demolition; or sale to a contract purchaser. This 120-day notice requirement shall not be waived; however, a period of less than 120 days may be agreed upon by both the landlord and tenant in a written agreement separate from the rental agreement or lease executed after such notice is given and applicable only to the 120-day notice period.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited June 05, 2000).]