Atherton, CA asked in Contracts, Real Estate Law, Civil Rights and Landlord - Tenant for Texas

Q: I'm the Landlord,my rental contract between both parties has expired in 2017.Although the contract has not been re-signe

We still maintain the rental relationship.Recently,due to the damage of the house.Tenant is unwilling to take responsibility for repairs.But in our old contract,these damages should be repaired by the tenant.Can I ask him to take responsibility for repairs,even if our contract has expired?Also,there is a clause in the contract that states:Holdover:If Tenant fails to vacate the leased premises at the time this lease ends,Tenant will become a tenant-at-will and must vacate the leased premises immediately upon receipt of demand from Landlord.No holding over by Tenant,with or without the consent of Landlord,will extend this lease.Tenant will indemnify Landlord and any prospective tenants for any and all damages caused by the holdover.Rent for any holdover period will be 150% of the base monthly rent plus any additional rent calculated on a daily basis and will be immediately due and payable daily without notice or demand. Does this mean the contract still valid?

1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Consumer Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: When the original term of a lease expires and the tenant stays in the property, the tenant does so under the same terms as the original lease, but becomes a month to month tenant. Your lease appears to have an increased rent amount, but if you've been accepting rent under the old rate for 2-3 years now, I think you may have waived the increase.

Look to the rest of the lease for who has responsibility for the repairs. The section you quoted is about paying damages that are a result of the tenant's holdover, and it's unclear what damages there are, or what they resulted from.

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