Texas tenant with a one-year written lease, but after expiration, agreed verbally to continue paying rent and staying. Was late a few times paying rent, and relationship with landlord went sour, so paid up on base rent (not including a few outstanding late fees) and moved out.
Landlord has come back with a bill far in excess of the security deposit that includes all past possible late fees the contract allowed for, excessive cleaning and repair fees that include what anyone would consider "normal wear and tear" and a pet fee applied retroactively. (we did get a dog after being there but no pet damage).
In Texas, when a written lease agreement expires, do all the clauses remain in effect as long as the tenant remains on the property, even without something in writing?
I have pictures and documentation of the condition of the property when we moved in, and am not concerned about having to pay the amounts requested, but wonder if there is an "ace in the hole" that would put this to rest without any further quarrel.
Typically the lease agreement contains a provisions that states that the terms of the lease remain in place in the event of a month to month that explicitly states this, but even in the event of the absence of the provision the terms of the lease would remain in effect. Otherwise even the rent amount would be unknown; i.e. free rent. Obviously that would not be the case.
Answer to do lease terms (like late fees, no pet policy, etc.) stay when rolling to a month-to-month verbal lease - YES, unless you can prove that you and the landlord agreed to change any of those (sounds like you did not).
There is no "ace in the hole" for a tenant who pays late rent, doesn't pay the late fees that are set out in the lease, violates the lease and gets a pet, or damages the property. Sounds like you may not have given proper notice of termination either. Your best bet for not having a "quarrel" or a lawsuit against you for the still-owed fees is for you to promptly pay them. Perhaps you can offer a lesser amount and make a deal with the landlord, but that's entirely up to him/her. Otherwise, expect there to be a report on your credit and possibly a lawsuit for the amount owed. Leases are contracts, and contracts mean exactly what they say - even if you don't read them, or don't like them.
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