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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36992
Experience:  16 years real estate, Realtor. Landlord 26 years
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I gave my landlord a notice of 30 days to leave July 30

Customer Question

I gave my landlord a notice of 30 days to leave July 30 however we were in the mix of buying a house however the inspector for VA notice some items for correction and the owner of the house decided not to fix them. In the mean time, I had already give a 30 days notice to my landlord. Once I found out about this situation, I told my landlord, and she told me just to keep her inform about my situation, and that was exactly I did. we finally close on another house September 15 however we stayed in the house and paid rent for the months of August and September. We were able to leave the rental house Oct 1 and now the landlord is trying to charge me for the month of October due to lack of 30 days notice, all this time we have been in communication and she never told us that we needed to give her another 30 days notice and she was aware when we were trying to leave
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has any paperwork been filed?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes the landlord is trying to charge me for painting , cleaning, replacement of toilets , replacement of skylights and other things that seems to be abusive we left the house clean and even clean the carpet profesionally
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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I hate to say it, but the landlord is legally in the right here. When your 30 day notice was up and you didn't move, you started into another month to month tenancy when you paid rent Aug 1. The notice doesn't just "float" along with a tenant being able to leave at any time after the 30 days is up. The tenant either moves out at the end or they continue on and start a new month to month.

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Since you stayed, you started a new month to month which would require a new 30 day notice to terminate it. If you moved out without providing a new 30 day, then the landlord can hold you liable for up to one more month's rent unless he rents it sooner than that..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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