How much notice am I entitled to if I rent my RV space month to month?
Full Question:
I have my motor home parked in a R.V. here in Bexar Co. I have been renting by the month. Yesterday I received a three day notice to move. I believe I should have at least a month. Am I
mistaken? We did have a diesel spill due to a fuel inlet tube but I cleaned it up using an assorption material. No harm was done to the property. I did tell the manager I had the right to stay for 30 days so she accepted my check for an additional month. Does she
have to give me a new notice to get me out at that time?
04/29/2009 |
Category: Landlord Ten... ยป Lease Termin... |
State: Texas |
#16463
Answer:
The following are Texas statutes:
§ 91.001. NOTICE FOR TERMINATING CERTAIN TENANCIES.
(a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other.
(b) If a notice of termination 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; or
(2) one month after the day on which the notice is given.
(c) If a notice of termination is given under Subsection (a) and if the rent-paying period is less than a month, the tenancy terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) the day following the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rent-paying period.
(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.
(e) Subsections (a), (b), (c), and (d) do not apply if:
(1) a landlord and a tenant have agreed in an instrument signed by both parties on a different period of notice to terminate the tenancy or that no notice is required; or
(2) there is a breach of contract recognized by law.
The following statutes apply to manufactured home rentals:
§ 94.205. TERMINATION AND EVICTION FOR VIOLATION OF LEASE.
A landlord may terminate the lease agreement and evict a tenant for a violation of a lease provision, including a manufactured home community rule incorporated in the lease.
Added by Acts 2001, 77th Leg., ch. 801, § 1, eff. April 1, 2002.
§ 94.206. TERMINATION AND EVICTION FOR NONPAYMENT OF RENT.
A landlord may terminate the lease agreement and evict a tenant if:
(1) the tenant fails to timely pay rent or other amounts due under the lease that in the aggregate equal the amount of at least one month's rent;
(2) the landlord notifies the tenant in writing that the payment is delinquent; and
(3) the tenant has not tendered the delinquent payment in full to the landlord before the 10th day after the date the tenant receives the notice.