Ending a month-to- month agreement form (lease, tenant, rental property, house)

[sfrodriguez]

I am an owner of a rental property in Dallas Texas. My tenant has been rented from for 5 years. The rental property is classified as Section 8. The lease was never renewed in writing after the first year. Does this then classify my agreement with the tenant as "month-to-month"?

I am putting the house up for sale and need to ask the tenant to leave. The rental property must be repaired and renovated to ready it for show and sale. Is there a legal form available online for me in this specific scenario? Is 30 days enough notice to give the tenant to move out?

[FalconheadWest]

Yes, you're month to month, and you need to look at your original contract to see what you agreed to on time for move out. Just because it's month to month doesn't mean the initial agreement isn't in place. It just means that you are agreeing to those terms on a monthly basis.

[OpenD]

Something to keep in mind... generally it is not 30 calendar days from when you give notice, but 30 days after the next time the rent falls due. So if the rent is due on the first of the month and you give notice now, they would have until the end of next month to move out.

[MrRational]

Originally Posted by OpenD

So if the rent is due on the first of the month and you give notice now,
they would have until the end of next month to move out.

And even if the law didn't require that sort of full notice... common decency does.

After five years (of presumably satisfactory tenancy) they'll have a ton of stuff
to sort through and pack up and of course need time to find a new spot.

[NY Annie]

I 100% agree with MrRational.

If you want to know what your state's laws say on the amount of time for notice, look at the beginning of this forum for the sticky on Landlord-Tenant Statutes.