Legal Question in Landlord & Tenant Law in Texas

Landlord wants full last month's rent

Gave written notice on 12th of the month to vacate no later than 12/15/03. Landlord demands full rent on 12/1. I am on a month to month lease after 3 successful, no problem year leases with this landlord. I point out there is no specific statement in lease about giving notice on the last day of the month or any other ''specific'' date and therefore chapter 91 Texas Property Code applies outlining rent owed to the 30th day after notice give (12/15 in other words). Landlord disagrees. How can I communicate this point of law without angering landlord?


Asked on 11/14/03, 12:54 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Landlord wants full last month's rent

The month-to-month applies from the date the rent is due (usually the 1st). Therefore, you would have needed to give your landlord notice on the 1st of November and requested that the December rent be prorated. The landlord has no obligation to do so, and unfortunately the landlord can demand rent for the full month of December.

Read more
Answered on 11/14/03, 6:42 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Texas