Full question:
I have my motor home parked in a R.V. here in Bexar Co. I have been renting by the month. Yesterday I received a three day notice to move. I believe I should have at least a month. Am I mistaken? We did have a diesel spill due to a fuel inlet tube but I cleaned it up using an assorption material. No harm was done to the property. I did tell the manager I had the right to stay for 30 days so she accepted my check for an additional month. Does she have to give me a new notice to get me out at that time?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Texas
Answer:
In Texas, a monthly tenancy can be terminated by either the tenant or the landlord with a notice. According to Texas law, if the rent period is at least one month, the tenancy ends on the later of the date specified in the notice or one month after the notice is given (Tex. Prop. Code § 91.001). Since you have been renting by the month and paid for an additional month, the manager must provide a new notice if they wish to terminate your tenancy at that time.
If the notice is given for a reason like a lease violation (e.g., the diesel spill), the landlord may have grounds to terminate the lease, but this typically requires following specific procedures (Tex. Prop. Code § 94.205). If you believe you have not violated any lease terms, you can contest the notice.
It’s advisable to review your lease agreement and possibly consult with a legal professional for guidance based on your specific situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.