If I gave my tenant a 40 days notice to vacate and they moved out after 10 days at end of month, are they still obligated legally to pay rent for the next month?

We were trying to give our tenant plenty of notice so we gave her over a month since we no longer needed or wanted a roommate. It was always a month to month verbal lease. Since she moved out at the end of the month 10 days later) does she still owe us last months rent since she didn’t give us a notice to vacate but we legally had to?

Asked on November 29, 2011 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. If you gave your former tenant a forty (40) day statutory notice to vacate the rental and the tenant was on a month-to-month rental, and the tenant vacated after ten (10) days without previously giving you notice that he or she would be ending their lease, you are owed rent for another thirty (30) days.

However, assuming you have a written lease with your former tenant and the written lease says something to the contrary as to rent owed and notices, then the terms of the written lease would control the answer to your question.

I would write your former tenant seeking the extra one month's rent keeping a copy of the letter for future need. In the meantime, I would immediately get your rental ready to lease out.

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