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MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6135
Experience:  10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
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Is it legal to have automatic renewal of 6 month lease on a

Customer Question

Is it legal to have automatic renewal of 6 month lease on a month to month basis and require 2 month notice for termination? During my six month lease I became very sick and was unable to fly for serious medical reasons. During this period numerous attempts were made to contact Owner/manager but to no avail. Upon return it was obvious why....the eviction process was happening. There were notices including eviction under my door. This don't seem right as they had email from me saying I was Trapped outside of country. In any case I was told that if I could pay in full now including fines I could stay. Luckily I was able to do this. Unfortunately, my health struggles continue. I am awaiting biopsy results and trying to keep my energy on a BRAT diet. The nausea and vomitting continues as well as weight loss which is now 60 lbs in 3 months. In any case I got through lease and told them I will not be renewing. Well renewal is automatic on a month to month basis. Ok here is my months notice....sorry you require 2 months notice. End result get out of office and have your attorney contact ours. Is this legal?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 1 year ago.

Hello and thank you for your question and for using Just Answer. I am sorry to hear about your health issues. In order to assist you, I need some additional information from you. First, in what state are you located? Also, you have stated that you were out of the country. Was there a reason that you could not pay your rent from out of the country? Lastly, when did your original 6 month lease end?

Customer: replied 1 year ago.
Texas. My email and phone inquiries were ignored and I didn't know options. My six month lease expired end of July. All this pain and suffering they are causing may be irrelevant pending biopsy results so it may not matter.
Expert:  MDLawyer replied 1 year ago.

Thank you so much for the additional information. Unfortunately, automatic renewal clauses are indeed legal in residential leases in that state of Texas. While some states have passed legislation restricting their use in certain leases, Texas is not one of those states.

With respect to notice, a 60 days notice requirement is legal as well. In fact, most leases here in TX appear to require 60 days notice. Most of my apartments and other places I've lived in while here in TX have all required me to give 60 days notice. It is legal. You can still move out but you will be responsible for the additional month's rent for that additional month's notice.

Please let me know if this has answered your question. If it has not, please let me know what additional information you would like . If it has , please be so kind as to leave me a rating so that I may receive credit for having assisted you since that is the only way that we experts receive credit - when you leave a positive rating.

Customer: replied 1 year ago.
Wow....welcome to corporate America. Now I know why we never make top ten....capitalism rules....humanity takes back seat. Thanks.
Expert:  MDLawyer replied 1 year ago.


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