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legalgems
legalgems, Arbitrator
Category: Real Estate Law
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My apartment complex was recently purchased by new owner. I

Customer Question

My apartment complex was recently purchased by new owner. I was never given a new lease to sign at the end of my lease on June4th. My lease monthly statement said my rent was $1458.30 which I paid on time. Now almost two weeks later they are saying I owe another $141 because my lease is up. Should I not have been told this in advance?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  legalgems replied 10 months ago.

A holdover tenant is a tenant that remains once the original lease is up. This is very commonly seen in residential tenancies. According to case law, if the tenant remains in possession and rent continues to be accepted by the landlord, the terms of the expired lease are presumed to continue unless there is an agreement to the contrary. That was the holding in Barragan v. Munoz, 525 S.W.2d 559, a Texas case. So any rent increase would only be permitted if agreed to by both parties, or if notice was provided to the tenant.

Additional information here:

http://www.americanbar.org/content/dam/aba/publishing/rpte_ereport/2012/6_december/rp_meislik.authcheckdam.pdf

The lease continues on a month to month basis, until one party gives proper notice.

Here is the code re: notice:

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.

(e) Subsections (a), (b), (c), and (d) do not apply if:

(1) a landlord and a tenant have agreed in an instrument signed by both parties on a different period of notice to terminate the tenancy or that no notice is required; or

(2) there is a breach of contract recognized by law.

So unless the lease specifies a different time frame, the landlord would need to provide 30 days notice of a rent increase, as the new owner steps into the shoes of the prior owner, and is still obligated by the lease.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 10 months ago.

checking in to see if the above was helpful and that everything worked out. Hopefully it gets resolved with the landlord with minimal hassle.

Thanks!

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