Do we have to pay full rent when we are moving before the month is over.

We plan to be out of our duplex by the 21st. of this month. We do not have a lease agreement and have been paying month to month. The landlord is requiring that we pay the full rent.

Asked on June 11, 2009 under Real Estate Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, you are liable for the full months rent.  A month-to-month lease continues from one month to the next, as its name implies, until either you or your landlord gives a one-month advance notice of termination.  If you leave in the middle of the month (I'm assuming that your rent is paid on the first), then you will be liable for any unpaid rent.  For any amounts owing, your landlord can take you to small claims court and can contact the credit bureaus which will negatively impact your credit report.

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