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Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 28546
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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I had a lease with a tenant from 11/1/14 to 11/1/15. Once it

Customer Question

I had a lease with a tenant from 11/1/14 to 11/1/15. Once it expired I did not make her sign a new lease because she was 82 yrs old. Now, she is in the hospital and not expected to live. Her daughter is being very ugly to me. I spoke with the daughter a week ago and she said her mother was going to continue to pay rent. Then this weekend, she said her mother was going to hospice and they would be out by Sunday and expected her deposit back in full. I explained that I didn't feel I should return the deposit because of the lack of notice I was given. The original notice states that she has to give me 60 days written notice. The daughter is threatening to sue me and states that I can't withhold any money as her mother is considered disabled now that she is in hospice. Please advise me as to what I am required to do under Texas Law.
Thank you,
Darlene Drew ***@******.*** (###) ###-####
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  Loren replied 3 months ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.

What is the "original notice" that you mention? What is requiring 60 days notice?

Customer: replied 3 months ago.
The original lease that was signed is what I am referring to that requires a 60 day written notice,
Expert:  Loren replied 3 months ago.

Thank you for the additional information.

Is there anything in the lease which would indicate that the 60 day notice requirement would survive the expiration of the lease?

Customer: replied 3 months ago.
This is exactly what it says:
Notwithstanding any of the foregoing, the following provisions apply:
Written notice is required 60 days prior to the end of the lease regarding renewal or termination.
Expert:  Loren replied 3 months ago.

Thank you for your patience.

Once the lease expired the 60 day notice was no longer required. Instead, the regular notice requirement for a month to month tenancy applies, and that is one month.

So, you can charge her for the one month notice period. It is not 30 days, the next full month. So a so a notice given, say, July 5, would be effective on 9/1, since August is the next full month.

You can retain it from the security deposit.

Expert:  Loren replied 3 months ago.

Did you have further questions? Have I answered your question?

Customer: replied 3 months ago.
She says that I am unable to hold her mother to that because she is now considered "disabled" since she is in hopsice. Is that accurate?
Expert:  Loren replied 3 months ago.

No, she is a month to month tenant and must give notice to terminate the tenancy whether disabled or not.

Customer: replied 3 months ago.
Is a month to month lease assumed once the lease expires. I told the daughter is that I didn't believe I owed her anything since she did not give me notice" but I will prorate next months rent to August 21, 2016 since she gave me a verbal notice on July 21st. I still do not have a written notice but that may not be a requirement since it is not in writing. I have no problem giving her the difference after I deduct the prorated rent. If I do this, am I within the boundaries of the law? I don't want to end up in court and have to pay her more money plus court costs. She got very ugly and said she was retired and had nothing better to do with her time but take me to court.
Expert:  Loren replied 3 months ago.

If a lease expires and the tenant remains in place and the landlord continues to accept rent then the tenancy becomes month to month and either the landlord or tenant may terminate upon one full month's notice. You are certainly free to settle or negotiate whatever you can both agree, but the law requires one full month's notice.

Expert:  Loren replied 3 months ago.

If you do agree to a settlement, make sure to get it in writing signed by the tenant (not her daughter).

Customer: replied 3 months ago.
I attempted to negotiate but she is demanding the entire deposit back and I know it is not because her mother is not in need of money, She wants the money. If I am required by law to pay her the entire deposit I will but I don't feel I owe her.
Customer: replied 3 months ago.
She is in the hospital in another town on a morphine drip. She is literally dying and may not last a few days.
Expert:  Loren replied 3 months ago.

You are entitled to retain the deposit for unpaid rent and damage to the premises in excess of reasonable wear and tear. Just make sure to follow the legal procedure as far as notice, etc.

The daughter is clearly going through a trying time and it is nice of you to be understanding, but she is just trying to bully you.

Expert:  Loren replied 3 months ago.

You are legally owed rent through the notice period. You can waive it if you want, but it is your right.

Customer: replied 3 months ago.
ok...but there is no disability law that allows her to be exempt from giving me notice?
Expert:  Loren replied 3 months ago.

None I am aware of. Tell her if she can cite the law you will waive it. Otherwise, she owes the rent.

Expert:  Loren replied 3 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (5 stars) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.

Expert:  Loren replied 3 months ago.

Did you have further questions before you rate my service to you?

Expert:  Loren replied 2 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.

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