Legal Question in Real Estate Law in Texas
Security Deposits
Do I give up my security deposit if I gave a verbal notice to terminate a lease that was in a secondary term (month-to- month)? My lease states I should have given it in writing. I spoke with my landlord's wife (who I made the check payable) and she said I did not need to send it in writing. The landlord listed it with an agent to be leased the following week. I received part of my deposit but he held the majority because he said the termination was not in writing. I feel he accepted the termination based on implied acceptance. Also, he sent contractors over to fix repairs even though my request were not in writing as the contract states.
Thank you.
1 Answer from Attorneys
oral notice of termination
What does the contract say about oral notices?
Title 8 of the Property Code
http://www.capitol.state.tx.us/statutes/pptoc.html
gives general information about LL.tenant relations. I think that most JP courts will not be too sympathetic to a tenant who gives an oral notice.