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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100052
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I recently found out about my be having an affair on his wife

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I recently found out about my be having an affair on his wife with me for a year. He did not tell me he was married until after I moved into one of his rental properties. His wife is threatening me, he is great threatenjng me And has just informed me two days ago that I will no t have my lease renewed because his wife won't allow it. Is it legal to do that if it's a month to month lease?
He had a false lease forged by the property manager to lie to his wife more and claimed it was to protect me. I have it in writing admiring her forgery of my signature from June 2014 - June 2015. I did not even move into the rental house until August 5th of 2014. Please help.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."
Yes, it is. If you are on a month to month lease, then the landlord does not have to renew the lease. Just like you, he could simply give a month's notice and end the lease:
Tex. Prop. Code Sec. 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.
(c) If a notice of termination is given under Subsection (a) and if the rent-paying period is less than a month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) the day following the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rent-paying period.
(d) If a tenancy terminates on a day that does not correspond to the beginning or end of a rent-paying period, the tenant is liable for rent only up to the date of termination.

It does not matter that he is not renewing the lease due to his wife not allowing it - none of this matters. Provided he gives a month's notice, he does not have to renew the lease without providing a reason, regardless of the circumstances.
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