Terminating a month to month lease - Texas

[luluescher]

Our lease was for 1 year (April 1, 2008 to March 31, 2009) with a requirement to give 60 days notice. I sent an email saying that we did not want to renew and could we go month to month because we are looking to buy a house. LL said month to month was fine and she just needed 60 days notice (which seems extreme to me).

The actual lease has a section pertaining to renewal and notice of termination that says if the lease is automatically renewed to month to month it will continue on a month to month basis until either party provides written notice of termination to the other party and the notice of termination will be effective on the last day of the month following the month that the termination was given.

To make a short story endless- we gave notice on Sunday and she said we have to give 60 days-all of April and all of May.

I think we are either responsible until to either the end of April (the last day of the month following the month that the termination was given) or at the most 60 days from Sunday- May 15th (and we'd only pay the partial rent for May).

TX state law requires a full month's notice on month to month tenants. See TX Property Code 91.001. Pay until the end of April. Their agreement is asking for more than state law requires. Print this law and give it to them.

Yeah...perhaps you ought to *read* sec. e of TX Property Code 91.001:

(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.

That is, none of sec. 91.001 apply if your contract requires a notice longer than 30 days. If your contract requires 60 days notice then you must give 60 days notice unless the contract has been breached.

[Lexus]

I would like to inform you that a tenant's right to terminate the lease agreement with less than the usual period of advance written notice might come into play in certain situations. If your landlord significantly changes the conditions of the lease agreement without the proper amount of notice as required by law in your area, you might have grounds to leave. An example of this would be raising your rent without proper written notice (usually the same amount of advance notice required to terminate a month-to-month agreement).