I have lived in the same house for the last 7 years in TX. Recently, my husband decided to leave and moved out, I was a SAHM and he paid all the bills. I gave the landlord my 30 days notice on June 5th, the second I found out about the situation. She says I have to pay the whole rent for July, instead of just the 5 days (I'm actually leaving the last week in June). Is this right?
We had a lease the first year but we never renewed it.
Also, what am I responsible for?
I'm planning to paint the house and really clean it, but the carpet is pretty messed up due to a flood, we removed most of it and there is just the subfloor. The landlord knows about the carpet removal and they were going to replace it but never got around to it. I asked permission to just paint it and got it. What I'm worried about is that I talk to them on the phone or in person and there is no proof that they know about it. Can I be charged for that?
Is my husband also responsible for the rent if I can not pay it, he's on the original lease?
Will my original deposit go towards the July rent?
It depends, does your lease say you have to give 30 days notice or more?
I'm not an expert either but since you gave notice on the 5th of June they do not have a full 30 days to find a new tenant for July 1 so they might be allowed to charge you July's rent (in part or possibly in full) since they never got 30 days.
First the law on this varies so since you left off your location we can't answer definitively.
Since you never signed a new lease you became a month to month (or periodic) tenant. In some places all that's required is 30 days notice. In others, a full rental period's notice is required.
It would appear your landlord believes its the latter. Therefore, since you did not give notice prior to June 1, the earliest you could terminate would be on July 31.
Your original lease is still in effect with the exception of the expiration and rental. So the lease may say you have to give one full rental period as notice.
A landlord may choose to use the deposit towards unpaid rental, but its THEIR choice not yours.
You read THAT law correctly. but you have no idea whether it applies to the OP or not.
I understand the desire to be helpful. But both of the first two responses are incorrect or not applicable. Neither meet the high standards we set for this site.
scottgem, how do we determine if it would apply to the OP? she said that she was in TX so i looked up their laws. and that's what i found. who would that apply to?? i'm only asking so i can understand this better.
scottgem, how do we determine if it would apply to the OP? she said that she was in TX so i looked up their laws. and that's what i found. who would that apply to?? i'm only asking so i can understand this better.
My bad. I missed that she said she was in TX. I did look at the OP to check and I just missed it.
Therefore the law you cited is right on point and the OP only owes rent up to July 5th as per 91.001 (b) and (d). Except if Subsection (e) applies. It would apply if the last signed lease contains a terminstation clause with different wording.
Yes, I am in tx. The only thing it says in my lease is that I have to give 30 days notice and nothing else.
So correct me if I'm wrong, does this mean she would prorate the 5 extra days? Because I would rather have it all settled instead of going to court.
I'm still worried about the carpet but I did get 3 estimates on how much it cost to replace, even if I was found at fault.
Thanks everyone for the responses.
both of the first two responses are incorrect or not applicable. Neither meet the high standards we set for this site.
I dont see how I was wrong, she does indeed have to pay July's rent in part, as I said. I realize the landlord's need to find a new tenant is not the OP's problem but it is the reason these 30 days notice clauses exist which was my only reason for even mentionning this. I also did say to check the lease to see if there was a 30 day clause or more.
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