Lease Ending, What Notice Needs to Be Given

[sleepybean]

hi there! i am just wondering about our lease ending in a few days and us moving out. we have bought a house, and are moving out. our lease ends on tuesday, so we gave our landlord a 30 day notice that we are moving, since our lease is up. from our understanding of texas tenant law, once the lease is up you go to a month to month until a new lease is signed. on that contingent, you are only required to give a 30 day notice, since our lease is expired, which says we have to give a 60 day notice. our landlord is throwing a hissy saying that we have to give a 60 day notice still. she is also upset because she "thought we were happy here". she said she was gracious enough to send an exterminator in to take care of the roach problem that the building has, when it was "our responsiblity"... and i know that it directly violates our health and the health of my child to have these bugs around. she never did get rid of them in this apartment building. anyway, i need to know what we can do about giving her a 30 day notice and being able to move into the house that we bought. thank you so much.

sb

[lwpat]

"i am just wondering about our lease ending in a few days"

It sounds like you do not have a choice but to move out and let the landlord take you to court if she decides to do so. Since you have not signed a new lease, you need to be out when it ends. It is unlikely that she is going to do anything, especially since you did give notice. I hope it was in writing and you have proof.

[Fxston]

When you have a written lease that expires, and you remain as a tenant at-will or on a month-to-month basis, then ALL the terms of the lease remain the same except the term. That means you still have to give this landlord a proper thirty days notice until that provision si properly changed.

From the sounds of things, you owe another month's rent. Your landlady may take it out of your security deposit, or you may find yourself in court if there are additional damages that place the total in excess of the total security deposit AND you don't pay them when you are given notice of them. That doesn't mean I am advising you to pay any damages you don't feel you owe.

FYI, unless you have an agreement otherwise, or the law renders such an agreement unlawful, you landlord is responsible for pest infestation which may come under repairs and maintenance, but it is a habitabiliy issue.

[sleepybean]

we are now on a month to month basis since our lease has ended. from what i have read, we only need to give a 30 day notice to vacate the property... is that correct? i was advised that the lease is expired and on a month to month basis you only need a 30 day notice. that is what we have given, and she wants to take us to court. the roach problem is still here, and she is still saying that she doesnt have to pay for it... we do. if she tried to take us to court, will that be admissable? she won't take any money out of the deposit to pay for rent. she said she would just keep it and make us pay for the rent for the month we were here still. everything is in writing since she does not ever call here or answer her phone when we call her.

[Fxston]

When you have a written lease that expires, and you remain as a tenant at-will or on a month-to-month basis, then ALL the terms of the lease remain the same except the term. That means you still have to give this landlord a proper thirty days notice until that provision si properly changed.

The roach problem will probably get you a small rent abatement unless you can show that the place is uninhabitable.

she won't take any money out of the deposit to pay for rent. she said she would just keep it and make us pay for the rent for the month we were here still.

What makes her think she is entitled to an extra month's rent?