Abilene, TX asked in Contracts for Texas

Q: They are trying to make me pay for a month to month for a month because they were closed.

I have not lived in the dwelling for months but still have paid as agreed...

Sir, I have a lease that ends on october 31. I went to put in my rent for the month and turn in a 30 day notice on the 2nd of october. I was told they have a special form for the notice. And couldn accept it because it needed to be turned in by sep. 30th. They were closed and was also closed the day before that. My lease says atleast a 30 notice typed in by them, but also has a box marked stating a notice must be put in on THE last day of the month. But they werent open. Should i be allowed by law to have to pay through november. Or should my 30 notice stand?

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1 Lawyer Answer
Tammy L. Wincott
Tammy L. Wincott
Answered
  • San Antonio, TX
  • Licensed in Texas

A: As I have not read your contract, I cannot answer specifically. Generally a 30 day notice given on October 2nd would mean the person has to be out by midnight November 1st.

As the unit has been vacant, I would expect they would want to release it for an extended period as soon as possible; therefore, I don't understand their argument over the one day (if turned in on October 1st, it would be a 30 day notice).

I wonder if the lease says a "30 day" notice or by the last day of the preceding month. If preceding month, it would be September 30th; however, if 30 days, it would be October 1st.

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