terminating a month to month lease-Texas

This is a discussion on terminating a month to month lease-Texas within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Our lease was for 1 year (April 1, 2008 to March 31, 2009) with a requirement to give 60 days ...

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Old Mar 17th, 2009, 01:49 PM   #1
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Confused terminating a month to month lease-Texas

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).
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Old Mar 17th, 2009, 08:11 PM   #2
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Default Re: terminating a month to month lease-Texas

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.
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