Legal Question in Real Estate Law in Texas
I have an automatic renewal lease in Texas that requires I give 30 days notice in writing before breaking my lease or I will be automatically renewed for a month to month lease until notice is given. I received a notice January 25, 2012 stating that my lease would be up on 3/31/12 and that "if we don't hear from you before your lease expires, your lease will convert to a month-to-month status effective the first day of the month following expiration."
Texas Property Code - Section 94.055. Notice Of Lease Renewal states: If the landlord offers to renew the lease, the landlord
shall notify the tenant of the proposed rent amount and any change
in the lease terms. The notice must also include a statement
informing the tenant that the tenant's failure to reject the
landlord's offer to renew the lease within the 30-day period
prescribed by Subsection (c) will result in the renewal of the lease
under the modified terms as provided by Subsection (c).
(c) If the landlord offers to renew the lease, the tenant
must notify the landlord not later than the 30th day before the date
the current lease expires whether the tenant rejects the terms of
the offer and intends to vacate the leased premises on the date the
current lease term expires. If the tenant fails to provide the
notice within the period prescribed by this subsection, the lease
is renewed under the modified terms beginning on the first day after
the date of the expiration of the current lease term.
Because this notice did not specify that I give 30 days notice am I bound to the timeframe because it was in my original lease? Or because the notice did not specify the 30 days notice would I be able to legally break my lease as long as written notice was provided before 3/31/12?
1 Answer from Attorneys
the original lease controls