My realtor marked a section out of my TAR - Texas

[Aaron W.]

This is overly annoying as I am learning the laws and more about TAR contract for Texas.  I am now questioning if my realtor has my best interest or just making sure my property rents and gets paid.  It took a problem tenant for me to give a crap about my contract I know I am only the one to blame but it would appear that B may not be applicable so if I renew on a month to month then I am married to the tenant until hell freezes over?  The way the contract is reading I would think as such but maybe a Texas law would trump this shenanigan and still allow me to terminate once the lease is up regardless if one of the boxes are checked or not checked?

Opinions appreciated thanks to all who reply.

[Jerel Ehlert]

Interpreting leases:  Lease controls where it speaks on a topic (and not void or voidable under statute).  Where the lease is silent, statute controls.  Where lease and statutes are silent, Texas and Federal common law control (rare).  There are specific statutes that a written lease cannot override control, and are void or voidable.

When the lease expires, and there is no provision for extensions or renewals, it becomes a "tenancy at sufferance" with a period of what was under the lease (commonly, rent is due monthly => a "month-to-month" lease).  To terminate a tenancy at sufferance, the old common law is/was notice of one "period".  By statute, because it is so common, unless otherwise stated will be 30-days' notice.

Fun fact: notice for eviction after a foreclosure in Texas is 30-days' notice.  This is also the notice period for terminating a written lease for anything other than non-payment of rent (unless written lease says otherwise).

If you are going to play the game (landlord-tenant), you should know the rules. Ignorantia juris non excusat.