Legal Question in Landlord & Tenant Law in Texas
Notice to Vacate
I was sent a notice to vacate on February 22nd for non-payment. I made all payments and have cancelled checks to prove this. I am planning on moving and vacating the house on march 20th even though my lease will not be up for another year. Can I take the notice to vacate as my landlord breaching the lease? Should I vacate and sue in small claims for my deposit? I have already sent my landlord a letter stating my intentions to vacate via certified mail. Am I in good legal standing on this?
Asked on 3/09/07, 5:49 pm
1 Answer from Attorneys
Sharon Campbell
Sharon K. Campbell
Re: Notice to Vacate
No. If you move out, you are breaking the lease. You are not evicted until the Justice at the eviction hearing says you are evicted. Show up at Court with your cancelled checks and defend yourself.
Answered on 3/09/07, 6:18 pm
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