What are requirements for a notice to vacate if tenant is on month-to-month status?

UPDATED: Aug 11, 2011

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What are requirements for a notice to vacate if tenant is on month-to-month status?

Is it a standard 30-day notice or can a 60-day notice be required?

Asked on August 11, 2011 Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The law in Texas appears to be a 30 day written notice is equired on a month to month tenancy to be given by eitherthe landlord to the tenant of the tenant to the landlord to terminate the lease.

However, if the parties have signed a written lease allowing a longer period of time for this month to month tenancy to be terminated, then the longer period of time would control for notice purposes.

If you intend to give notice, make sure the notice is given on the earlier side as opposed to the later side. meaning, if you want to terminate your tenancy on October 1, 2011 and today is August 11, 2011, I would give written notice to our landlord in the next week or so.


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