No notice to vacate was given, can they make us leave?

Please answer according to the laws of Texas....thanks!





Our lease states: "This Lease Contract will automatically renew month-to-month unless either party gives at least 60 days written notice of termination or intent to move out as required by paragraph 37." The lease term began May 16th and ends July 31st. Paragraph 37 basically states that oral notice is not sufficient, it must be in writing, and that "if we require you to give us more than 30 days written notice to move out before the end of the lease term, we will give you a written reminder not less than 5 days nor more than 90 days before your deadline for giving us your written move-out notice. If we fail to provide a reminder notice, 30 days written notice to move-out is required."





We never gave notice to vacate or renewed our lease. They never asked us if we were moving out or renewed our lease, nor did they mail us any kind of paperwork, which they had done for our prior lease. This lease term was a renewal of our former lease. Here's the deal: today we received a paper that says please move out by noon July 31st and turn in your keys and here is what you need to clean, etc., which gives us two weeks. We called them to tell them we weren't intending on moving out, and that we had never received any kind of notice. They said, "well, we assumed that since you only renewed for the summer, that you would be moving out, and that the 60 days notice was essentially the beginning of the new lease. We already leased the unit for someone else beginning August 1st and already cashed the deposit checks. There's nothing we can do about it."





Is this legal? There was NEVER any notice to vacate given by either party, renter or landlord. Do we legally still deserve at least 30 days notice before they can make us leave? I thought that's what the lease stated.





Please help! We are on a very short time line. We plan on meeting with them tomorrow or the day after, but we need to take some kind of proof of where it's stated in law. Does anyone have any advice or suggestions?|||They messed up.





They have to give you 30 days according to your agreement.





The new renters will have to wait the additional 2 weeks.|||NO - it's not legal. They owe you the notice specified in the lease.|||they jumped the gun; perhaps mary forgot to tell Joe what was happening.





YOU get 30 days from the date you got the notice. Ignore their


deadline.





Sorry about your needing to move.





I can help you buy a house--or lease purchase one|||Sounds like you are on pretty sound legal footing here, and that the management made an assumption to which it was not entitled. Now they want you out because they have already rented the unit. You are in a position to accommodate their request for CASH. That's what I would offer them. An agreement to move out IF they pay you properly. Otherwise you stay until you receive the appropriate notice.|||They have to give you the 30 days and at this point its up to you how to proceed. If you really want to stay I would consider writing them a letter asking them to stiff the other people instead of you considering the leverage you have in this situation. Assuming you are current on your rent it will be a little more complicated for them. To legally get you out of the house they will have to hire an attorney to file an unlawful detainer. That costs money and it takes time. Courts are backed up in most areas because evictions are up. Once they do get a court date and a judgment, they still have to go about legally getting you out of the house which involves setting up an appointment with the sheriff's department which is also backed up. 90 days sounds like an optimistic estimate if everything goes well, and you don't hire your own attorney which could really stretch things out for them.|||It sounds like the management company dropped the ball on this one, you have a legal binding contract with specific clause on how either party must terminate the agreement or it continues on a month to month, the fact they have already rented out the unit and taken a deposit is immaterial to the legality of your lease i.e. they can not breach the lease agreement with you because they made a mistake and enter into a new contract for the unit with as third party





The legal principle you can use is the contract it self i.e. contract law, the management company must follow the provisions of the contract to a T to terminate, failure to follow the contract provision means you do not get to pass go so to speak, Remember when you are speaking with management you are on the same level so to speak, they are not lawyers, the contract is what it is, you have the same ability if not higher to read and understand the contract just as well if not better then them, As is stated the mere fact they dropped the ball and entered into a new contract for your unit is not just cause to terminate you lease agreement outside the provision outlined in your lease





Assuming your are leaving is not just cause to terminate the lease on their part, so next time ask them when did they give you the proper notice in writing to terminate the lease, of course they can not produce such document, the fact they contracted out the unit for aug 1, is their mistake and they will have to answer for that





Since you are on a month to month be ready to receive a notice to end the month to month but this will at least give you a month to find a new unit, also when you talk to management let them know if they try and file an eviction for a holder over even though they knowingly failed to provided proper service of notice to terminate lease you will hold them liable for any credit mark the frivolous filing may cause to your credit