Dallas, TX asked in Contracts and Landlord - Tenant for Texas

Q: Can I move apartments without penalty if I haven't signed a new lease? (Provided I give 60 day notice)

I have lived in my current apartment for years now but have always had trouble with the office staff. Currently, I'm living in my apartment without a renewed lease because they have yet to make one for me to sign. My lease expired 4 months ago, and went up $200 as well if I were to renew, which i have been paying the increased amount. I did reapply for a renewal, and despite months of me calling and asking if the new lease was ready to be signed, I have yet to sign one. I'm frustrated and have been looking for another complex. However, I don't know if I can move out since I am not on a lease, or if I am not allowed to without their penalties due to applying to renew and still living there.

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1 Lawyer Answer
Simone Nisbett
Simone Nisbett
  • San Antonio, TX
  • Licensed in Texas

A: Most residential leases are set to shift to month-to-month status after the expiration of the original contract and require at least a full 30-days notice prior to move-out. You’ll want to take a look at the fine print in your original lease to make sure there aren’t any alternative stipulations to that timeline. In many instances, apartment complexes have required between 30-60 days notice from a tenant who wants to leave, even in an active lease.

Often times a leasing agent at the office should be able to quickly tell you what their policies are on move-out so you won’t have to guess. You’ll just want to make sure to ask (preferably a manager or someone reporting from a manager) via email or confirm via email if you have to ask them over the phone/in-person.

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