I live on a monthly tenancy basis. Can I mention the date of termination of the tenancy in the notice to quit?

Full question:

I live on a monthly tenancy basis in Texas. I will be moving in with my boyfriend soon so I need to send a notice to quit to my landlord at the earliest. I pay my rent on a monthly basis. Can I mention the date on which I would like the tenancy to be terminated in the notice to quit?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: Texas

Answer:

The tenant may terminate a monthly tenancy by giving the landlord notice of termination. If the rent-paying period is one month, then the tenancy may be terminated either on the day given in the notice for termination or one month after the day on which the notice is given. The relevant statutory provision in this regard is stated below.

Tex. Prop. Code § 91.001 reads:
 
“(a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.
(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later:
     (1) the day given in the notice for termination; or
     (2) one month after the day on which the notice is given.”
 
Thus, you may mention the date of termination of tenancy in the notice to quit.

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.

FAQs

A notice to quit in Texas is a formal document that a tenant sends to their landlord to terminate a rental agreement. It informs the landlord of the tenant's intention to vacate the property. This notice must comply with Texas law, specifically the Texas Property Code, which outlines the required notice periods based on the type of tenancy.