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TX - Expired Home Lease - Month-to-Month

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JDahl1982

Junior Member
What is the name of your state (only U.S. law)? TX

We signed a year lease July of 2010 and it expired July of 2011. There has been no mention of a new lease to be signed and yet we have been paying rent in the same fashion for these last 6 months. Rent is due again and a new rental home has just kind of "fallen into our laps" that we really want. We don't want to leave our landlords in a lurch as they are decent people, but the new home has a landlord that wants someone in by the 15th of January, only giving our current landlords 15 days notice to vacate.

What do you suppose our best recourse would be?? We can't afford to lose the new place as it's more than perfect, but we can't afford to pay January rent for TWO places.

I must also add that our current home has some major foundation issues and our walls have been cracking, none of our doors shut (in fact, one of the doors wedged itself into place overnight when the slab shifted, leaving my 6 year old at the time locked in and we had to break the door frame to get him out.) Even a couple of our walls are seperating at the corners and the base boards are seperating from the floors due to the shifting! The landlords know about all structural damage due to the foundation issues and have been telling us for 6 months that they will get someone out there to repair. We have been living w/bugs (I know, gross right?!) and no matter how much I clean, which is practically daily, or spray, they are still there because of all the cracks and ways into our home. I have been done with this place for a long time now, but felt obligated to stay.

We just want to move into this new home that is structurally sound (with NO bugs!) and yet we do still want to do good by our current landlords. What should we do??
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? TX

We signed a year lease July of 2010 and it expired July of 2011. There has been no mention of a new lease to be signed and yet we have been paying rent in the same fashion for these last 6 months. Rent is due again and a new rental home has just kind of "fallen into our laps" that we really want. We don't want to leave our landlords in a lurch as they are decent people, but the new home has a landlord that wants someone in by the 15th of January, only giving our current landlords 15 days notice to vacate.

What do you suppose our best recourse would be?? We can't afford to lose the new place as it's more than perfect, but we can't afford to pay January rent for TWO places.

I must also add that our current home has some major foundation issues and our walls have been cracking, none of our doors shut (in fact, one of the doors wedged itself into place overnight when the slab shifted, leaving my 6 year old at the time locked in and we had to break the door frame to get him out.) Even a couple of our walls are seperating at the corners and the base boards are seperating from the floors due to the shifting! The landlords know about all structural damage due to the foundation issues and have been telling us for 6 months that they will get someone out there to repair. We have been living w/bugs (I know, gross right?!) and no matter how much I clean, which is practically daily, or spray, they are still there because of all the cracks and ways into our home. I have been done with this place for a long time now, but felt obligated to stay.

We just want to move into this new home that is structurally sound (with NO bugs!) and yet we do still want to do good by our current landlords. What should we do??

You have been fine with the first house for over a year now. Now that you have found your dream home it becomes an issue.

If you leave without the proper notice, the landlord has several options available to them.
 

JDahl1982

Junior Member
Haven't been fine...

We haven't been fine with the house... we just put up w/it because we really didn't know what else to do. We didn't find our "dream-house" as you put it... just something much better. The landlords have known for months that there are issues, from bugs, to foundation, to faulty electrical, but have not done anything to rectify these issues. We just want to leave this money pit. W/O the sarcasm (that is not what I am looking for) can we legally move out w/about 15 days notice since we ARE on a month-to-month now?
 

Antigone*

Senior Member
We haven't been fine with the house... we just put up w/it because we really didn't know what else to do. We didn't find our "dream-house" as you put it... just something much better. The landlords have known for months that there are issues, from bugs, to foundation, to faulty electrical, but have not done anything to rectify these issues. We just want to leave this money pit. W/O the sarcasm (that is not what I am looking for) can we legally move out w/about 15 days notice since we ARE on a month-to-month now?

Since you did nothing, you were okay with it. You need to give 30 days.

Google this for more information: Texas Property Code - Section 91.001. Notice For Terminating Certain Tenancies
 

JDahl1982

Junior Member
Thank you. I will look into it. We've contact the landlord several times... the foundation issue is not something that we have control over to fix. It's too big of an item for us to fix and it's not in our power to do so because it would be a major repair that could go wrong on property that is not ultimately ours. What could/should we have done, since you said that we did nothing? Any advice is helpful for the future. Again, thank you.
 

xylene

Senior Member
2 Weeks

Give the landlord notice by Dec31

Sign the lease on the new place

You are then only carrying two places for 2 WEEKS

What is the big deal?

It will make moving easy.

If your current landlord is chill and you are out, maybe they will prorate. They don't have to.

This is how moving usually works.

It seems like you have a very favorable situation.

BTW - renting is a business deal. No favors need to be given or extended.
 

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