How to legally terminate a residential lease

[@veritasmanagement18]

Great information and clarification Ernie. Thank you for your videos.

[@LandlordAttorney]

You're very welcome!

[@tonyspilotro2611]

@@LandlordAttorney can you object in a eviction hearing? Like u see on tv. Your honor i object based on such and such ground's?

[@LandlordAttorney]

@@tonyspilotro2611, you can, but Eviction Trials tend to be less formal. If you make an objection, it should have a legal basis.

[@tonyspilotro2611]

@@LandlordAttorney is improper submission of exibits legal basis? Like they did bot submit the exibits the way the court wants them submitted?

[@viram1831]

What happens if tenant is in disability?

[@LandlordAttorney]

Generally speaking, if the Landlord can make reasoble accomodation so that the unit can be accessed by the tenant who has disavility, the Landlord should do that

[@user-bx4ti6ig3i]

I need to leave my apartment a month early can the management break my lease. They have failed to fix the humidity problem in my apartment and my daughter has tuberculosis. She has had problems with her breathing since this. It has been 5 months. I found another place that also doesn't have roaches. We have veen bitten a lot by the damn roaches.

[@LandlordAttorney]

That will depend on whether or not this right exists in your state's law. Additionally, you would need to have followed all of the procedural steps necessary to terminate on these facts. I strongly encourage you to seek legal counsel in your state from an attorney licensed to practice in your state. I am licensed in Texas and could advise you if you lived in Texas.

[@elora7849]

I received a letter from my previous landlord that stated that I needed to be out by June 30th(the lease ended and it was at a month to month). I gave them the keys on May 30th. They said that I owed them rent for June. I assumed that I was legally able to leave any day between May 15th(when they gave me the notice to vacate) and June 30th since they said that the lease was terminated on June 30th and I needed to be out by that date…. Did I legally owe them rent for June?

[@LandlordAttorney]

If your lease automatically extended an additional month until notice was given, then the obligation to pay rent also extends. Now, if your lease states that the notice would be effective exactly 30 days from delivery, it's possible that you only owe through June 14 or 15, but you would need to refer to your lease and your state laws.

[@LandlordAttorney]

We may have to review your Lease and the Notice to make sure. Is this case in Texas?

[@elora7849]

Yes

[@elora7849]

The lease expired on 9/30/22. I was on a month to month and received notice that I needed vacate the home by 6/30/23 in the middle of May 2023. In the letter to vacate they said that that the lease will expire on 6/30/23 and I needed to be out by that date. The lease says that the lease automatically renews on a month to month basis unless tenant or landlord provides written notice of termination not less than 30 days before the expiration date. It also says the following: on the last day of the month following the month in which the notice is given landlord is not obligated to prorate rent even if the tenant surrenders the property before the termination date…. I felt like based on that that I was required to pay rent for June but the whole situation seems illegal to me since I turned the keys in to them on 5/30 and they told me to be out by 6/30 if that makes sense.

[@LandlordAttorney]

@elora7849 this is common language for this kind of provision, and it does appear that your rent obligation, whether you stayed or not, extended until the end of the month of June. That was the technical date of Termination.

[@mrleeonthetrack]

What happens if a landlord doesn’t send a written notice for lease

[@LandlordAttorney]

Is this for a rental in Texas? I know that in Texas, written notice of lease termination is required. An oral notice is not enough.

[@mrleeonthetrack]

@@LandlordAttorney yes it’s in Texas. I need your info. I need to get a consultation from you

[@LandlordAttorney]

@mrleeonthetrack If you are interested in a 30-minute consultation, the fee is $199. To set this up, feel free to call our office at 832-305-7694 during normal business hours or click here to book your own appointment online: lawofficeoferniegarcia.as.me/schedule.php

[@leslieleslie1284]

the judge dismissed my case. be cause he wrongly thought it was a property dispute and not an eviction. when my newly hired lawyer went to appeal he found the judge had said “dismissed”, in the courtroom, but that he wrote that the plaintiff ( me) had won the judgement on paper. because of the judges mistake, the judge gave a new court date to start all over again. meanwhile i have a freeloader living in my garage. my attorney said that this has never happened before in his 20 years of law.

[@LandlordAttorney]

Sorry to hear that. Is this in Texas?

[@leslieleslie1284]

no, sadly, the other T.

[@leslieleslie1284]

i have been informed that i have to file an “ejectment ” to get her off my property since there was never a lease. shheeeesh. i just want this freeloader off my property!!!

[@LandlordAttorney]

@@leslieleslie1284 work closely with your attorney on this one. Best of luck to you.