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?


Asked on 3/12/12, 6:17 pm

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

the original lease controls

Read more
Answered on 3/13/12, 7:52 am


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