Can a landlord force us into a month-to-month agreement?

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Can a landlord force us into a month-to-month agreement?

Our lease is set to expire on 5/1, and we were served with papers that the rent would go up on that date however, according to the management, because we did not give intent to not renew more than 60 days before the lease ended, we were automatically enrolled for a month-to-month contract as of 5/1. Is this legal? Is there any way to get out of this without paying the new, higher rent for the month after our lease ends?

Asked on March 31, 2017 under Real Estate Law, Texas

Answers:

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

Answered 4 years ago | Contributor

If your current lease provides that you must give a 60 day notice of your intent to vacate and not renew your lease but you filed to do so, then you can be considered to be month-to-month tenants after its expiration. Accordingly, you are obligated to pay the rent for the next month and at the higher rate.


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