What to do if we were not given proper notice to vacate?

We just received notice to vacate on the 11th of month for the 30th. TX law is 30 day notice for month-to-month, so officially what is the last day we can be in the house – 30th or the 11th?

Asked on September 12, 2011 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under Texas law, like most states in this country there is a thirty (30) day notice to terminate a tenancy by a landlord that must be served upon the tenant before the thirty (30) day written notice.

If you were not served with the notice before the run of the stated time period or received in in the mail before the running of the time period, then the notice sent to you by the landlord is defective.

You need to call and write your soon to be former landlord advising him or her that you received the notice of termination on September 11, 2011, that Texas law requires thirty (30) days notice of termination and that you will be out of the rental within thirty (30) days of September 11, 2011.

Good luck.


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