Legal Question in Real Estate Law in Texas

Notice

I have a horse boarded at a local stable. We signed a one year lease (which landlord is not holing us or anyone else to). We are moving the horse out. There is nothing in the lease to indicate a notice period. We are paid up through the end of the month. We told them yesterday 7/23 that we were moving out on 7/29. Landlord says we must give them 30 days notice and pay next month's rent or they indicated they would keep the horse or our trailer. Can they do this.


Asked on 7/24/00, 9:57 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Notice

Yes. In the absence of a written lease the law presumes a month-to-month tenancy and 30 days notice is required. Rent during the notice period is also required.

It is not clear to me why the written lease you have doesn't control, but perhaps you are better off that it does not.

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Answered on 9/12/00, 9:24 am


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