I'm having the same problem that Thomas asked about [1] and I imagine it comes up quite a bit in Texas. I choose to move out at the end of my lease which automatically renews month-to-month and gave more than a full months notice, but now AFTER I've moved out the landlord is claiming I owe them almost $2000 for insufficient notice. IANAL, but this feels predatory and I don't know how widespread this is!?
The standard TAA contract has very confusing wording in Par 3 [2], and anyone who's familiar with the Texas Property Code [3] or any other state law [4] could easily assume that a month-to-month agreement requires 30 days notice.
Unfortunately the property code seems to have a loophole in subsection e, and the clause buried in Par 36 of the lease contract should in my reading make for a solid case that this predatory behavior is totally legal!?
So I'm curious, do all tenants like me and Thomas who've been bullied in this matter eventually just roll over? Or do landlords always settle out of court or write it off to collections rather than risk this going before a judge?
- Is a 60 day move-out notice on month-to-month lease legal? (Texas)
- https://www.taa.org/wp-content/uploads/2018/01/2017-Apartment-Lease-Contract-For-Website.pdf
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.91.htm
- https://www.nolo.com/legal-encyclopedia/state-rules-on-notice-required-to-change-or-terminate-a-month-to-month-tenancy.html
