Is It legal?

Question

We have been late on rent 2x's in the past 4 years, one recently for june we were late only 5 days and we will be late about the same for July and we let Our Landlord know that my husband was layed off but found a job and we want be late after july..he said we had to move out in 7 days...we do not have a lease nor have we ever.I live In Texas but not familiar with the laws on this ! we cant move in that amount of time,any help with this question would be nice , and those of you who say pay on time ...well we usually do but due to husband getting layed off and me having a 5th neck surgery we have been in a little bit of a bind...!

Answer 1

This is what I found so far. You can read more, if you'd like (best that you do) at the Source listed. I'm still looking... I'll be back to "edit" if I find anything else or not.

As I understand it, by Texas law, the landlord must give you 30 days notice to move out.

Also, you may want to contact the county law library or the (local) State Attorney's office. The State Attorney can tell you about the legal requirements for terminating your tenancy. Either may be able to provide names and numbers for free or low-cost legal assistance.

From:

http://www.texastenant.org/rights/termination/termination.html


Month-to-month (periodic tenancy) terminations

A month-to-month tenancy may be terminated by either the landlord or the tenant for ANY reason usually by giving one month's notice in advance. For example, if you get into a disagreement with your neighbor after he has a party late at night and you call the landlord to complain, the landlord could ask you to move in 30 days if you are in a month-to-month tenancy. Although the landlord might not be acting wisely, the landlord could legally terminate the month-to-month lease (you could also say that the landlord is failing to renew your lease at the end of the term). If you failed to move, the landlord would probably succeed in an eviction case unless you could prove that the landlord was actually illegally retaliating or discriminating against you. The landlord does not have to prove you broke the lease or a rule of any kind. The landlord is simply stating that it does not want to lease to you any longer and so long the proper amount of notice is given, the landlord is entitled to get the property back. See Eviction.

The notice can provide for termination on any day of the month, as long as the date of termination is at least one month from the date of the notice. If the notice terminates the tenancy on a day which does not correspond to the end of the month or the beginning of a rent paying period, the tenant need only pay for rent up to the date of termination. However, if rent is paid more than once a month, it is sufficient to give a termination notice only equal to the interval between rental payments. For example, if you pay your rent weekly, you or your landlord need give only one week's notice in writing in order to terminate the tenancy.

Exceptions to landlord's right to not renew a lease

The only possible exceptions to the landlord's right to terminate a month-to-month lease (or fail to renew a lease) is if the landlord is illegally retaliating against you as described in Retaliation or if the landlord is illegally discriminating against you as described in Discrimination. Even in these situations, a landlord may be successful in terminating your rights to possession and evicting you; however, you would still have a clear right to sue for wrongful eviction, actual damages, attorney's fees, statutory penalties and other damages. This may seem unfair, but you have the right to terminate a month-to-month lease in 30 days (or fail to renew at the end of the lease) for any reason and without exception. (See your lease to confirm the amount time that must be given. Some leases these days may require more than 30 days.)


[EDIT] Here an Attorney answers common Questions about Tenant's Rights in Texas:

http://www.law.uh.edu/peopleslawyer/tenants2.html


At this site (noted below), there is this info:

A. Must you have a formal, written lease in order to rent an apartment?

A lease agreement may be oral or written and may be as formal or as informal as the parties want to make it. An oral lease is valid as long as it is for one year or less. Without a written lease, the law implies a lease for at least as long as the period between rent payments. Thus, if you pay rent every month, you have an implied month-to-month lease and you and your landlord must give at least a month’s notice prior to terminating the lease. On the other hand, a written lease is a good way to protect both the landlord and tenant by spelling out the relative duties of each in the event that unforeseen circumstances occur.


You should read this site (in part). At the bottom, it answers these questions:

D. May my landlord enter my apartment and take my property if I don’t pay rent?

E. May my landlord lock me out?

A. May my landlord simply throw me out if he or she wishes?


SITE (Source): http://www.law.uh.edu/peopleslawyer/tenant3.html


Will you please e-mail if I can do any more research? I really don't mind, but you may have your answer. I suggest you call the State Attorney's office for advice -- it may make you feel better and give you some confidence.

{Click on my name to go to my Profile. My contact info is there. Really, I'll be happy to help.)

Peace. And good luck.

[EDIT] Sorry, I couldn't leave it alone -- I thought you should have the Property Code (it is the most "legal" application):

PROPERTY CODE
TITLE 8, CHAPTER 91 (PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND
TENANTS), § 91.001(b) If a notice of termination[0] is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later: (1) the day given in the notice for termination[0]; or (2) one month after the day on which the notice is
given....
....(d) If a tenancy terminates on a day that does not
correspond to the beginning or end of a rent-paying period, the
tenant is liable for rent only up to the date of termination[0].


[EDIT] I want to make clear, in reply to what "thetoothfairyiscreepy" says below. If you pay your rent on a monthly basis, you are considered a "month-to-month" tenant. If you pay your rent every seven days, you are considered a "week-to-week" tenant. Because you are a month-to-month tenant the landlord must give you 30 days notice to move. Had you been a "week-to-week" tenant, seven days notice is sufficient. However, there are actions possible in eitehr case,; that is, exceptions. All this info is in the sites I gave you. Don't pay attention to the "toothfairy". [The type of tenant you are is determined by the frequency you pay rent.]

Peace. I hope all is going well. :)

Answer 2

Lease or no lease, your tenancy is governed by the Landlord & Tenant laws of your state. Call a lawyer right now. Refuse to leave until you've found another place, he can't force you out into the streets. You're better off finding a more humane landlord, anyway.

Answer 3

I live in Texas too. When my mom worked for a company about fifteen years ago that only dealt in rent houses, she would complain that to get the people out they had to go to court and that would take at least three months. I dont think they can do that to you. But maybe the laws are different now.

Answer 4

Without a lease, you are at the landlord's mercy. Check with your local renters assistance group. I think seven days is not enough notice if you have been there four years.

Answer 5

if you do not have a lease, you're pretty much screwed. basically, you're on a week-to-week implied contract, so yes, 7 days is enough notice for you to have to move. (if you had a month-to-month lease, you would have 30 days to move out).

i know that it's not feasible for you to move out in 7 days, but it IS legal for the landlord to do this, especially since there was no written lease.

Answer 6

Written lease or not, he can't make you leave, unless he gives you an eviction notice through the courts, and that can take more than 30 days.

Answer 7

Sweetie, if there is no lease, then the landlord is free to do as he wishes....This is why such things are important......I'm so sorry about your situation, and it's scary to think that your landlord would be so cruel....Try talking to him again after he's had time to cool off......Take care and good luck

Answer 8

You need to call a lawyer. Most will be happy to at least give friendly advise over the phone. They will know the local laws and know what you can do and what you should do.

Answer 9

depends on ur local and state laws...if u question anything about ur laws talk to a local police officer and he can help u out or hire a lawyer......or even go to the City offices and if its a smaller town usually they will sort out ur problem with you.

Answer 10

read your lease that you signed i think it is .30. days till evecation each state differs than others on this matter. my opion?