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?

  1. Is a 60 day move-out notice on month-to-month lease legal? (Texas)
  2. https://www.taa.org/wp-content/uploads/2018/01/2017-Apartment-Lease-Contract-For-Website.pdf
  3. https://statutes.capitol.texas.gov/Docs/PR/htm/PR.91.htm
  4. https://www.nolo.com/legal-encyclopedia/state-rules-on-notice-required-to-change-or-terminate-a-month-to-month-tenancy.html
  • 1
    The law to which you link and refer to as a "loophole" in section e clearly states that the landlord and tenant can agree to a notice period different than 30 days. Did you agree to a different notice period in the written lease? If you agreed to it then how would it be predatory?
    – Dave D
    Aug 7 '19 at 0:58
  • Wow Dave, thank you so much for looking at my question! I believe the spirit of the property code is that of a consumer protection. I didn't feel that'd I'd agreed to a 60 day notice on a "month-to-month lease" - I'm still not even sure what that means, but I'm trying to fix that! I think if the effect of the contract is primarily to enable property owners to collect rent from tenants beyond the term of their lease after they move out - that's certainly in the landlords interest, but places a lot of responsibility on tenants to understand what they've agreed too.
    – clayg
    Aug 13 '19 at 13:21
  • I stopped by the apartment office last week, they blew me off. Today I got a call from a debt collector! I'm excited to be working with them. The amount they were asking for was already far lower than originally requested and after explaining the situation they're going to place my account on hold and contact the apartments for more information. After months of getting stonewalled and ignored I'm finally making progress again!
    – clayg
    Sep 10 '19 at 22:55

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