What are my rights as a tenant if my landlord wants to end our month-to-monthour month to month lease?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights as a tenant if my landlord wants to end our month-to-monthour month to month lease?

The landlord blindsided us last month after he took the month’s rent and asked for his house back because he is selling it to his brother. Do we have to keep paying him rent after he gave us notice (verbally). Is it legal to stay past the 30 days if we have not found a place to not pay rent so we could find a new place to live or can he take whatever rent we owe him out of our security deposit? We want to do what is right but we don’t have enough to pay rent and deposit for a new place and pay him rent too.

Asked on May 13, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You are surely in a tough spot.  Verbal notice is indeed notice but not very good notice.  And he may not really have given you 30 days if you gave him the rent any time past the first.  I mioght negotiate with him about using the security as rent but I would make sure that you have a final walk through and that he signs something that says everything is fine.  Otherwise that could backfire.  Legally you have to pay rent for the time you occupy the apartment.  He can sue you for eviction and rent shouyld you not leave in the 30 days.  Find a landlord tenant group to help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption