What are my rights as a tenant if my landlord wants to end our month-to-monthour month to month lease?

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What are my rights as a tenant if my landlord wants to end our month-to-monthour month to month lease?

The landlord blindsided us last month after he took the month’s rent and asked for his house back because he is selling it to his brother. Do we have to keep paying him rent after he gave us notice (verbally). Is it legal to stay past the 30 days if we have not found a place to not pay rent so we could find a new place to live or can he take whatever rent we owe him out of our security deposit? We want to do what is right but we don’t have enough to pay rent and deposit for a new place and pay him rent too.

Asked on May 13, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are surely in a tough spot.  Verbal notice is indeed notice but not very good notice.  And he may not really have given you 30 days if you gave him the rent any time past the first.  I mioght negotiate with him about using the security as rent but I would make sure that you have a final walk through and that he signs something that says everything is fine.  Otherwise that could backfire.  Legally you have to pay rent for the time you occupy the apartment.  He can sue you for eviction and rent shouyld you not leave in the 30 days.  Find a landlord tenant group to help.  Good luck.


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