Legal Question in Real Estate Law in Texas
Withdrawal of notice to vacate
My mother and I are in a lease together. I am relocating to be with my future husband and my mother was not going to stay in the townhome. Our landlord gave us the option of advertising the townhome for lease in order to find someone to lease the townhome to not break the lease. According to our lease we gave a written thirty day notice stating that if we did not find someone to lease the townhome we would pay off the lease. Since that time my mother has decided that she would rather stay in the apartment since the lease is up in November instead of moving when I move. Since we have given the thirty day notice and no one has assumed the lease nor has the landlord advertised for a new tenant are we allowed to withdraw our move date and just carry out our lease or are we bound to the original notice we gave to leave in thirty days.
1 Answer from Attorneys
Re: Withdrawal of notice to vacate
Immediately give written notice of the withdrawal of the previous 30 day notice. That should do it. Since the landlord hasn't tried to get another tenant, and since the rent will be paid for the full term of the lease, his rights are satisfied if you complete the lease obligations as originally intended.
You should, however, act quickly to prevent further action by the landlord.
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