Can you renew your month-to-month lease once you send a 30 day vacate notice?

Question

We had a 8 month lease here in Texas and recently went month-to-month once those 8 months ran their course.

We just sent in a 30 day vacate notice because we are trying to buy a house and it looks good.

If the loan process for our new house goes sour ...can we legally take back up month-to-month payments with the landlady?

Or will she require another 8 month lease?

Any advice will be appreciated.

Thanks,

Claudia

Answer 1

It may depend on your apartment complex policies, however I had a similar situation in a different state and was able to continue month to month payments.  My situation was that I had an unofficial job offer in another state, but was assurred it would become official after the annual  executive meeting starting in 5 days.  I was also told once I got official notice they would want me in place within a week--not much time to arrange a long distance move.  I notified management at my apartment complex that I would be moving by the end of the following month, as 30 day notice only counted on the 1st of the month, and I would keep the office informed as my plans firmed.  I then started packing, alerting utility companies, and making as many arrangements as possible.

The executive meeting ended up eliminating the positionI I thought I had  companywide due to budget restraints.  To make matters worse, the Thanksgiving Holiday feel in the middle of this so apartment management was unavailable for four days,  When they  returned on Monday, I explained my situation, and said I would like to stay (I had been there fro roughly 2.5 years then).  I believe I paid a small fee to cover the extra paperwork etc. and went back on month to month.

When I did move two years later, I was a couple of days later than I had expected getting out.  Again I kept management informed of what was happening every step of the way.  They were reasonable and prorated the rent for just the few extra days I actually stayed rather than a whole month, which they could have done.

My advice:  !)Establish and maintain a good relationship with the management office.  They should know your name when you walk into the office.  2)Inform them of your situation.  3)Ask  for their advice and recommendations. 4) Ask the what if questions.  5) Make sure you are talking to the main decision maker.  6)Get information in writing, if necessary (i.e. I had to fill out a form of intent that I would be leaving in 30 days).   7)If all else fails, assuming you are a good tenent, point out to them they are better off keeping you, a known entity as a tenant, than someone new, who may be a problem.

Good luck to you.

R.B.

Answer 2

.   YOur notice broke any "continuity" which you might have had... which would have given you a right to the apartment.  The landlord might be happy you want to stay.  She may already have rented the apartment.  

Answer 3

You gave your notice, now it is time to move.

I have apartments rented within the week of notice to moves are given myself.

So, you would have to move.

If your landlord is hard up, then they should renew.

They do not have to renew on your terms.

Answer 4

The landlady is under no legal obligation to cancel your notice to vacate in 30 days, and can make you move at the end of the 30 days by court order under a hold over tenant; and if she finds a new tenant, gets a signed leased, and deposit she has a legal responsibly to the new tenants so she would not be able to and you would have to follow through and month at the end on the month even if your deal turns south