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Can landlord require that tenant move-out be on a certain day of the month?

Houston, TX |

My lease states that I must provide 60 days move-out notice and that my move-out day must be the last day of the month. My lease automatically renews at a month-to-month rate at the end of April. The landlord tells me that, even if I submitted a move-out notice today, I would be liable for rent through the end of June, which is 81 days from now. Is this allowed under the property code?

Attorney Answers 3


  1. Without knowing the terms of your lease agreement, it is nearly impossible to give you an answer to your question. However, if the lease contains such a provision for when the move-out date can occur, then yes, your landlord can require that. Typically, if a renter is in a month-to-month situation, the lease can be terminated by either party with 30 days notice. However, if the lease agreement provides for a different period, then that notice period controls. Your lease may require a 60 day notice for all terminations, and your lease may not allow partial month terminations, thus requiring you to pay through a full month.

    If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for informational purposes only and is not intended as legal advice, nor does it establish or intend to establish an attorney-client relationship. You should always speak with a licensed attorney regarding your legal rights before taking or not taking any particular action.


  2. Until a lease term ends, the terms of the lease control, and there likely won't be any intervening statute to look to for relief.

    However, once a lease switches to month to month at the end of its term, a tenant could look to Section 91.001 of Texas Property Code which contains provisions concerning notice for terminating month to month residential leases, and provides that the tenancy would terminate on the later of (1) the day given in the notice for termination; or (2) one month after the day on which the notice is given.

    It is possible that one could give termination notice on the first day of your new month to month tenancy and have the tenancy end one month after this date. A tenant doing so would be obligated to pay rent during this period. However, their current lease could contain provisions setting out additional terms that could affect any month to month tenancy, and it would affect ability to utilize the above method of terminating the tenancy.

    An experienced real estate attorney would be able to interpret specific leases and circumstances if provided with documentation.

    § 91.001. NOTICE FOR TERMINATING CERTAIN TENANCIES. (a)
    A monthly tenancy or a tenancy from month to month may be terminated
    by the tenant or the landlord giving notice of termination to the
    other.
    (b) If a notice of termination is given under Subsection (a)
    and if the rent-paying period is at least one month, the tenancy
    terminates on whichever of the following days is the later:
    (1) the day given in the notice for termination; or
    (2) one month after the day on which the notice is
    given.
    (c) If a notice of termination is given under Subsection (a)
    and if the rent-paying period is less than a month, the tenancy
    terminates on whichever of the following days is the later:
    (1) the day given in the notice for termination; or
    (2) the day following the expiration of the period
    beginning on the day on which notice is given and extending for a
    number of days equal to the number of days in the rent-paying
    period.
    (d) If a tenancy terminates on a day that does not
    correspond to the beginning or end of a rent-paying period, the
    tenant is liable for rent only up to the date of termination.
    (e) Subsections (a), (b), (c), and (d) do not apply if:
    (1) a landlord and a tenant have agreed in an
    instrument signed by both parties on a different period of notice to
    terminate the tenancy or that no notice is required; or
    (2) there is a breach of contract recognized by law.

    If this post was helpful, feel free to indicate it by selecting "good answer” below.

    Best of luck.

    Materials contained within this website and submitted by this user provide information on general legal issues and are not intended to provide advice on any specific legal matter. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet and online readers should not act upon this information without seeking professional counsel. www.riecklawfirm.com


  3. The terms of your written lease would be superior to terms outlined in the property code for move-out notice requirements absent a writing.

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