Legal Question in Real Estate Law in Texas

Security Deposits

Do I give up my security deposit if I gave a verbal notice to terminate a lease that was in a secondary term (month-to- month)? My lease states I should have given it in writing. I spoke with my landlord's wife (who I made the check payable) and she said I did not need to send it in writing. The landlord listed it with an agent to be leased the following week. I received part of my deposit but he held the majority because he said the termination was not in writing. I feel he accepted the termination based on implied acceptance. Also, he sent contractors over to fix repairs even though my request were not in writing as the contract states.

Thank you.


Asked on 4/14/98, 6:32 pm

1 Answer from Attorneys

Basil Landon Hoyl, Jr. Law Office of Basil Hoyl - Safeco Land Title

oral notice of termination

What does the contract say about oral notices?

Title 8 of the Property Code

http://www.capitol.state.tx.us/statutes/pptoc.html

gives general information about LL.tenant relations. I think that most JP courts will not be too sympathetic to a tenant who gives an oral notice.

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Answered on 5/13/98, 2:24 pm


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