Q: If i am renting a room in Texas and it is past the lease end date, am I month-to-month, or a "holdover?"
I am paying rent month-to-month. My lease ended in August 2020, but stipulated under terms: "In the event the landlord accepts new rent from the tenant after the termination date, a month-to-month tenancy shall be created." It further says that I need to provide 45 days' written notice to end the agreement. But the section on "holdovers" states: "if tenant remains in the possession of the premises with the consent of Landlord after the natural expiration of this Texas Lease Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant" and goes on to say that the tenancy is terminable with 15 days written notice from either party. My landlord says that I need to give him 45 days' notice to vacate and says that holdover clause only applies when a tenant extends their stay without an agreement. But the holdover clause specifically says "WITH THE CONSENT OF LANDLORD." So, what notice am I legally bound to give before leaving?
A: Sounds like there is a conflict in the terms of the lease about whether you have to give 15 days or 45 days notice to terminate. So, you have a choice: 1) give 15 days notice and risk having to argue later about whether you've properly terminated; 2) give 45 days notice and know for sure that you've given enough notice. Option 2 is cheaper, even if you win the fight.
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