Plano, TX asked in Real Estate Law and Landlord - Tenant for Texas

Q: Do I have an implied month to month rental agreement?

My lease ended on April 30. Prior to this I gave a 60 days notice in March. In mid April I submitted a request to retract the notice and I did this via email. At this time we switched to a different property management company and I did not get a response. When I would go to the office I would be told various things such as the lease automatically rolled over to month to month to me needing to notify the landlord in writing about my desire for month to month tenancy. I would email and they never responded.

I paid May's rent and got a call from the property manager asking me when I was going to leave. I thought the acceptance of the rent implied a month to month contract meaning the landlord would have to give me 30-60 days notice to vacate. She said I am a hold over tenant but accepted rent for May and provided no notice that she wanted me to leave at the end of the month.

The recently expired lease says that the lease rolls over to a month to month. Am I in the wrong?

1 Lawyer Answer
Alisha Melvin
Alisha Melvin
  • Dallas, TX
  • Licensed in Texas

A: The terms of your lease agreement are governed by the words within the lease. Despite what you told someone or they told you, your lease contract dictates the terms of your tenancy. So if your lease has expired and you are now month to month and retracted your original notice to terminate the lease you may be a holdover tenant.

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