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Does month-to-month apartment tenancy imply I'm only required to give 30 days notice when the lease says 60 days?

Webster, TX |

I'm on a Texas Apartment Association standard lease with addendums based upon the property's procedures. In the base TAA lease, it states that following the terms of the original rental lease, if the lease is not renewed then it automatically converts into a substantially higher cost month-to-month agreement yet requiring 60 days notice when they collect rent monthly. Is this practice legal? My reasoning for waiting until the last moment was knowing whether I'd get laid off and have to relocate. I know my issues aren't their issues but I'd like to get out in a month and not get saddled with two months of abusive costs.

Attorney Answers 2


Normally, the notice period is only 30 days for month-to-month, however, if the lease provides a different period, then that controls. So yes, the 60-day provision is probably valid.

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. In certain jurisdictions, this response may be considered an advertisement. In such circumstance, Kevin M. Koel is responsible for all content stated in the response. Kevin M. Koel is not certified by the Texas Board of Legal Specialization for any particular practice area, nor does Kevin M. Koel claim specialized knowledge in any practice area.

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You might want to consult the Texas Property Code as it provides for notice periods for renewals of different type of leases, including month to month renewals.

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