Legal Question in Landlord & Tenant Law in Texas

I am currently leasing a house that I moved into in August of 2008. My lease was due to renew on August 1, 2009. I verbally agreed to extend the lease of the house for one more year. Here it is the end of August and I have not received a new lease, nor have I signed any new lease. The landlord upped my rent, and has done nothing about repairs that need to be made to the property. I have 2 months of deposit on the house. My question is, since there is no legal binding contract, am I allowed to give notice and vacate the property without default? Also, will I be entitled to get my deposit back minus any necessary charges?


Asked on 8/31/09, 9:09 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

From what you have written, it appears that right now you are occupying the house under a month to month tenancy. Either you or the landlord can terminate the month to month agreement uppon proper notice. There is no lease for you to default under.

You should be able to get the deposit back less any proper charges.

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Answered on 9/05/09, 9:16 pm


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