Montgomery, TX asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for Texas

Q: Whats the minimum time an unauthorized roomate has to leave when told by the land owner.

I was invited to live on a piece of land by a friend who had a lease stipulating 4 people could live there. 6 weeks after i moved in the land owner gives him a letter of eviction giving him 30 days to leave as stipulated in the lease agreement, in the same letter she gave me 48 hours to vacate because she discovered her insurance doesnt cover leasing the land and my two pit bulls cant be covered on a new policy. Can she do that? Do i have any rights in this situation?

1 Lawyer Answer
Matthew S Tadlock
Matthew S Tadlock
Answered
  • Landlord Tenant Lawyer
  • Grapevine, TX
  • Licensed in Texas

A: Unless the lease states otherwise, the minimum in Texas is a 3 Day Notice to Vacate. Certainly, if you're not out by end of the 30 Day period, any eviction the landlord files will include you as well.

However, it sounds as if the landlord is merely terminating the lease due to her insurance being terminated. The general rule to terminate a lease in Texas is 30 days, unless the lease states differently. There really isn't much you can do about the lease termination. As long as the lease allows for it, the landlord can do it whenever they want, so long as they abide by the timing specified in the lease.

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