If we are month-to-month tenants, are we legally required to give a 60 day notice instead of a 30 day notice?

My husband and I are expecting our first child and we are on a month-to-month lease with our apartments. We recently found a rental home and have been approved to move but our apartments are saying we must give a 60 day notice. That means we either have to pay rent on an apartment we will not be living in or pay the reletting fee which is still quite substantial.

Asked on November 12, 2012 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As a general rule, the very definition of a month-to-month tenant is that he or she can terminate tenancy on one month's notice (as the landlord could also terminate it on one month's notice). That said, if you have a written lease, review it--if it requires more notice that would be legal. But if there is no written lease requiring more notice, a month-to-month tenant only has to provide a month's notice.

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