Terminated Month-to-month Landlord Demanding Extra Month's Rent

[Kirk Cochran]

Hello all. I am new to the forums and seeking some advice with how to deal with my landlord.

I rented with my landlord for the past year. The original lease was from July 1st, 2015 to June 30th, 2016. Rent is $800 and the lease states that "This lease automatically renews on a month-to-month basis" unless the landlord or tenant gives 30 days written notice.

Some time near the end of June, I paid $800 in rent for the month of July, under the assumption that I was now month to month, per the lease. The landlord accepted payment with no problems. A week or so later on July 2nd, I received a notice on my door stating a rent increase to $825 for a new lease and $875 for month to month.

My landlord is rude, impersonable, and often does not respond to requests for anything or clarification on terms of the lease. He has done things in the past that show this. After receiving the rent increase notice, I decided to move and look for another place, since I didn't want to be bullied into a new lease that costed more, or pay $875 to stay there and possibly even have him pursue me for another $75, which I can't owe because of his late notice. I did not sign the notice and did not agree with anything on it.

His notice is a direct result of my decision to terminate my lease. I started looking for new places to live because I did not want to pay the higher rent. Once I start looking for places and notified him July 8th that I will be terminating on the end of the month. He insists 30 days written notice, which I argued was not possible because of his late notification of rent increase. This is was all done through text.

A few weeks later I find a new place and sign a new lease. On July 18th, after getting everything squared away, I notified him in writing that I would be leaving and he began stating that I need to give 30 days notice. I argue that this was not possible because of his untimely and likely illegal rent increase. This was all through text.

I decided to move because he tried to force me into paying higher rent for August and possibly July (was never clarified) without proper notice.

He has basically stated that he will be expecting rent on August and will file an eviction and "contact collections" if I don't pay.

The problem with this is that I will no longer be living there. He also has my deposit which can be deducted. I don't see the need to threaten me with eviction.

He is very shady and I planned on him trying to keep my deposit, but this is just ridiculous.

Am I legally bound to this 30 day notice if my termination was a result of his untimely and possibly illegal rent increase? Even if I was, could he file eviction instead of taking it from the deposit? Even if I no longer live there and have returned the key?

This all seems ridiculous to me.  I have attached our text conversations for more details (the threat is on the July 18th set). I know it is a lot to read, but I really need some help. Any input is appreciated.

[Brie Schmidt]

@Kirk Cochran - According to the www.haaonline.org website:

I would like to know exactly when, how much and how often a rental increase can be given. Also, is there a ceiling on the amount of any given increase? If so, what is the highest amount?

Under the terms of the TAA lease, no rental increases can be given until the initial lease term has expired. After the lease has expired, an increase of any amount (the state of Texas has no rent control) can be given provided the resident has been served with a 35 day notice prior to the effective date of the new rental amount.

What type of notice do I have to give to terminate my lease?

Your lease contract should identify what notice you have to give to terminate the lease. Many apartment owners use a lease requiring that at least 30 days' notice must be given and that the lease can only be terminated at the end of the lease term or at the end of any month-to-month renewal term. Some owners require more than 30 days' notice. The amount of notice that has to be given should be clearly stated in your lease.

If I don't give proper notice, how much will I have to pay?

If you do not give the notice required by the lease and vacate your unit without paying rent for the full remaining term (or month-to-month renewal term), you will be in default of your obligations. If you are in default, e various types of damages can be assessed against you. Many leases provide for a reletting charge to compensate the owner for the time, effort and expense in finding and processing a replacement resident. The reletting charge is most often assessed if you:
(i) fail to move out or fail to give proper written move out notice,
(ii) move out without paying rent in full for the entire lease term or renewal period,
(iii) move out after receiving a notice to vacate, or
(iv) are judicially evicted.
In addition to the reletting charge, many leases allow the landlord to assess accelerated rent against the resident. Accelerated rent is all monthly rent for the rest of the lease term or renewal period, which is automatically accelerated without notice or demand if you:
(i) move out,
(ii) remove property in preparing to move out or
(iii) give oral or written notice of intent to move out before the lease contract term or renewal period ends.
There may also be additional damages provided for in the lease, such as court costs, expenses, late charges and collection agency fees.

So technically, he cannot increase your rent for Aug if he gave notice on 7/2.  So the increase can only take effect for September.  But you did not give 30 day notice for August so you would still owe the $800 for August rent.