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Hi again, I am reaching out to see if I currently have a month to month agreement, I live in the great state of Texas by the way. So my apartment lease ended on April 30. Prior to it ending, I had submitted my 60 days notice to vacate back in March per the lease agreement. (I had to this for specific reason I prefer not to get into) Things did not work out as planned so I sent an email to the staff to find out what needed to be done to convert to a month to month lease. I never got an email response but prior to the new property management take over the regional manager said they do month to month lease but I would have to pay a fee. It also says in the lease that it converts over to a month to month and either party would have to provide a 60 day notice. So, I paid my rent for the month of May including said fee and the property accepted it.
I got a call from the property manager today asking me if I was leaving for this month. I was a bit surprised because my understanding according to lease agreement that if she wanted me to move, she would have had to give me 60 days notice. I told her not at this time. She got frustrated with me and said she was going to refund my fee. I do plan on leaving this place but at the end of July. I actually plan on paying rent for June and then giving my notice to satisfy 60 day requirement. I attached a sample of the provision here except in my lease it says 60 days.
TLDR - Do I currently have a month to month tenancy although I submitted a notice to vacate, turned around and paid rent, which they accepted. If this is a month to month tenancy is the landlord now required to give me notice that they wish to cancel this arrangement?
The language in the provision says the following: Automatic Lease Renewal & Notice of Termination: This lease will automatically renew month to month unless either party gives written notice of termination or intent to move our as required by Par 25 and specified on page page. It has 60 days.
Very confusing OP. Instead of having total strangers guess, you need to sit down with your LL and discuss what type of rental agreement you are actually operating under. Make sure you tell them when you plan to vacate so you can give the proper notice. IMHO, when your plans changed before but you didn't notify anyone, I can appreciate why the new management was frustrated.
Very confusing OP. Instead of having total strangers guess, you need to sit down with your LL and discuss what type of rental agreement you are actually operating under. Make sure you tell them when you plan to vacate so you can give the proper notice. IMHO, when your plans changed before but you didn't notify anyone, I can appreciate why the new management was frustrated.
I did notify, them in April no one ever responded to my email.
Your lease supersedes word of mouth. You gave a 60 days notice at the end of March and that still stands if you ask me. I suggest to talk nicely to your LL to resolve the issue. No use playing attorney with them.
Quote:
Originally Posted by tigergirl87
Hi again, I am reaching out to see if I currently have a month to month agreement, I live in the great state of Texas by the way. So my apartment lease ended on April 30. Prior to it ending, I had submitted my 60 days notice to vacate back in March per the lease agreement. (I had to this for specific reason I prefer not to get into) Things did not work out as planned so I sent an email to the staff to find out what needed to be done to convert to a month to month lease. I never got an email response but prior to the new property management take over the regional manager said they do month to month lease but I would have to pay a fee. It also says in the lease that it converts over to a month to month and either party would have to provide a 60 day notice. So, I paid my rent for the month of May including said fee and the property accepted it.
I got a call from the property manager today asking me if I was leaving for this month. I was a bit surprised because my understanding according to lease agreement that if she wanted me to move, she would have had to give me 60 days notice. I told her not at this time. She got frustrated with me and said she was going to refund my fee. I do plan on leaving this place but at the end of July. I actually plan on paying rent for June and then giving my notice to satisfy 60 day requirement. I attached a sample of the provision here except in my lease it says 60 days.
TLDR - Do I currently have a month to month tenancy although I submitted a notice to vacate, turned around and paid rent, which they accepted. If this is a month to month tenancy is the landlord now required to give me notice that they wish to cancel this arrangement?
The language in the provision says the following: Automatic Lease Renewal & Notice of Termination: This lease will automatically renew month to month unless either party gives written notice of termination or intent to move our as required by Par 25 and specified on page page. It has 60 days.
Your lease supersedes word of mouth. You gave a 60 days notice at the end of March and that still stands if you ask me. I suggest to talk nicely to your LL to resolve the issue. No use playing attorney with them.
Fair enough. Just confused why they accepted May rent.
I probably should not have asked here. I have a consult with an attorney later today. I have provided the lease etc. The person also gave me a copy of my rent ledger which showed how much was due for the month of may., After consult, I'll report back
Ok guys so I just got off the phone with the attorney who reviews my paperwork and listened to what happened. He said that when rent was accepted for May that a month to month contract was implied. If the landlord wanted terminate my tenancy she would have had to give me a written notice in May to terminate to satisfy the requirement of it being 30 days. He advised that I pay rent for the month of June with a cashier's check and give notice that will be sufficient. I will likely go ahead and pay him to draft a demand letter in advance since landlords have a tendency to not like to listen to tenants very much, lol.
But you already gave notice in March, so why would they not accept your rent in May?
Quote:
Originally Posted by tigergirl87
Ok guys so I just got off the phone with the attorney who reviews my paperwork and listened to what happened. He said that when rent was accepted for May that a month to month contract was implied. If the landlord wanted terminate my tenancy she would have had to give me a written notice in May to terminate to satisfy the requirement of it being 30 days. He advised that I pay rent for the month of June with a cashier's check and give notice that will be sufficient. I will likely go ahead and pay him to draft a demand letter in advance since landlords have a tendency to not like to listen to tenants very much, lol.
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