Been on month to month since lease expired in DEC, 2012. gave notice of moving but no set date.
landlady calls 1/2 hour before hand to show house. we had sp/w her regarding paying only partial month. rent due the 8th. she called today and said had new lease with people and wants us out by 15th.
Nope. LL has to give you proper written notice IAW TX law-- I recall that being 30 days notice but I am NOT a TX lawyer. Call one, many offer free consultations.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.
Family Law Attorney
I agree with my colleague. First, you are entitled to written notice. Second, one half an hour verbal notice of intent to enter apartment is inadequate. Third, seven days verbal notice to vacate is not legal. Contact a local residential landlord-tenant attorney for your options.
Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.
Chapter 91 of the Texas Property Code requires that the landlord give a specific length's notice before terminating a month-to-month lease. Generally, if you pay rent monthly (as opposed to weekly, bi-weekly, etc.), the notice period is generally a month. There is an exception where the landlord and tenant have agreed to a different period. If you have/had a written lease, it might be a good first step to look there. It may also be possible to argue that you and the landlord made an agreement for a shorter term as part of the agreement to pay/accept only a partial months' rent payment for your final month (if I understood your question correctly).
An attorney may be able to help sort things out; but there may be a cost-benefit issue, depending upon the amount in dispute.
Best of luck!
Nothing in this is answer should be construed as legal advice. Neither the answer, nor its particular contents, is intended to create an attorney-client relationship between the person asking the question and Andrew R. Stubblefield or Coats | Rose, PC. The person asking the question should contact a licensed attorney in their area and solicit actual legal advice based upon the particular facts and circumstances underlying their issue.