Can a landlord force us into a month-to-month agreement?

UPDATED: Sep 30, 2022

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Can a landlord force us into a month-to-month agreement?

Our lease is set to expire on 5/1, and we were served with papers that the rent would go up on that date however, according to the management, because we did not give intent to not renew more than 60 days before the lease ended, we were automatically enrolled for a month-to-month contract as of 5/1. Is this legal? Is there any way to get out of this without paying the new, higher rent for the month after our lease ends?

Asked on March 31, 2017 under Real Estate Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your current lease provides that you must give a 60 day notice of your intent to vacate and not renew your lease but you filed to do so, then you can be considered to be month-to-month tenants after its expiration. Accordingly, you are obligated to pay the rent for the next month and at the higher rate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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