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Runandfoot · Nov 10, 2009, 09:59 AM

My lease ended on August 31st, 2008. I verbally agreed to extend my lease with the agreement that I would be given a new written contract. This never happened. I live in Texas, and gave my landlord notice on the 22nd of October that I would be vacating the premises on November 15th. He now is charging me for rent up to the 22nd of Novemember, and is now requiring that I clean the carpets using a Rez Free company instead of just normally steam cleaning them. Can he do this? The original lease never gave this rule for the carpets being clean, nor did it have a month to month clause when the lease expired.

LisaB4657 · Nov 10, 2009, 02:39 PM

When a lease expires and you remain on the property it automatically becomes a month-to-month lease. It is not necessary for the lease to contain a clause saying so. So the landlord is entitled to 30 days notice that you are moving out.

As for the carpet cleaning, if the original lease did not require that you use a specific company then the landlord cannot create this requirement unless he gives you 30 days advance notice. If he gave you that notice at the same time that you gave notice that you were leaving then yes, he can require that you use them.

Fr_Chuck · Nov 10, 2009, 06:39 PM

It automatically becomes as noted a month to month 30 day rental on a verbal agreement if there is nothing else in writing, as noted the lease does not have to state this.

So you were on a 30 day month to month rental

ScottGem · Nov 10, 2009, 07:27 PM

Here's the applicable law:

§ 91.001. NOTICE FOR TERMINATING CERTAIN TENANCIES. (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.

So the landlord is correct.

As for the cleaning, Lisa and Chuck are correct, but, after you vacate, he can have Rez Free come in clean the carpets and then deduct it from your security. The company will probably back him up that it was needed.