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

Asked 10 months ago - 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)

  1. Kevin Matthew Koel

    Contributor Level 16

    Answered . 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.

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  2. Brent Allen Devere

    Contributor Level 13

    Answered . 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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