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to the end of the month or the beginning of a rent paying period, you need only pay for rent up to the date of termination.

If you pay rent more than once a month and your lease does not specify when the notice to terminate must be given, it is sufficient to give a termination notice 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 order to terminate the tenancy. A written notice is not necessarily required but is strongly encouraged.

Exceptions to Failing to Renew or erminating a Month-to-Month The only possible exceptions to the landlord's right to terminate a month-to-month lease (or fail to renew at the end of the lease) are if the landlord is illegally retaliating against you or if the landlord is illegally discriminating against you.

[A tenant in Section 8, government-owned or government-subsi- dized housing often has an additional protection concerning a lease renewal. Many government programs require the landlord to have a good cause if she does not wish to renew the lease (or wishes to terminate a month-to-month lease). Good cause is usually defined in the lease. Call an attorney, housing authority, or tenant association for more information.]


Texas law specifically allows you to terminate a lease in a few cir- cumstances when the landlord has failed to perform her duties. See "Warning." A federal law allows military personnel to prematurely terminate their leases without penalty if they are transferred by the military. A tenant in this situation should contact the applicable military agency or his commanding officer for more details.


If a tenant violates a provision of the lease, the landlord can probably terminate the lease. Read your lease to determine whether the land- lord can terminate for a particular violation. Failing to pay rent, severely disturbing neighbors, and committing serious crimes on the property are all fair grounds to terminate. Technical violations may not be enough to terminate as well, depending on the circumstances. For example, if you have a pattern of paying your rent late, and your landlord has a pattern and practice of accepting your late rent, then this practice may legally change the due date of your rent, unless the landlord gives you advance notice that these payments will be con- sidered grounds for termination. Therefore, a court might rule for you in an eviction case, even though you violated the original lease provision. A court may also rule for you when paying late if the lease provides for late fees and you offered to pay the rent and the late fees (or at least a reasonable fee). See "Rent and Late Fees." However, many judges believe that the landlord has the sole discretion of whether to accept late rent after a notice of termination or a notice to vacate has been issued by the landlord.


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