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Updated about 9 years ago on . Most recent reply

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James Phan
  • Investor
  • Fort Worth, TX
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Failed to give 30 days notice, when does the clock end?

James Phan
  • Investor
  • Fort Worth, TX
Posted

This is in Texas. If a tenant fails to give proper 30 days notice, when does the clock end for loss rent that I can charge them? For example, 30 days from when they gave notice or 30 days from when their lease ends? 

Also, yes before someone says anything. I am doing due diligence in finding a new tenant. 

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Marcia Maynard
  • Investor
  • Vancouver, WA
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Marcia Maynard
  • Investor
  • Vancouver, WA
Replied

When a lease ends, it ends. The tenant is committed only to the end of the lease period. If they want to renew, they need to give you proper notice to do so. If not, the lease simply runs out and they are not obligated to pay rent past the end of the term, if they have moved out by that date.

However, if your lease automatically renews with the current terms, such as with month-to-month rental agreements, then that is different. In a month-to-month rental agreement, the lease term is one month. Proper notice to move will be determined by the landlord-tenant laws for the jurisdiction. What the tenant can be held liable for will also be determined by landlord-tenant law.

In Washington State, a tenant needs to give at least 20 days notice, prior to start of the next rental period, to not be held accountable for the next rental period. In Oregon, a tenant needs to give at least 30 days notice, any day of the month, and can not be held accountable for more than 30 days if they are out on time. I don't know about Texas or your specific location within Texas.

In most jurisdictions, the landlord must make a good faith effort to re-rent the unit as soon as it is vacant. An outgoing tenant can not be charged for days which are covered by the rent of a new tenant who has moved in. A landlord can not charge an outgoing tenant for more days than the law allows.

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