Notice to Quit Effective? No Pro Rated Rent?

My mother has lived in her home for over 20 years, and was promised a life estate for paying for repairs, a roof, taxes, etc.  When her roommate died, the will did not include the life estate.  The executor plans to sell the house, and she has been paying rent since her roommate died.

Her landlord served her with a Notice to Quit while she is in the hospital.  She was given until the middle of February to move, but the Notice to Quit required that she pay rent for the entire month of February. 

Since she is required to pay rent for the entire month, is she required to move on the 15th?  Was the notice valid, since they had her sign it when she was heavily medicated?  If they accept March rent, what happens with the Notice to Quit?  She is located in Texas.

Check with a Texas LL/T attorney ASAP.  The Notice to Quit is probably not valid.  Since she is a month to month tenant they must give 30 days notice.  It doesn't matter if she was hospitalized they can terminate the tenancy by doing so.  What they cannot do is require payment until the end of the month and expect her to move sooner.  However, it isn't HER job to educate the other side.  A well worded letter from an attorney might buy her more time but in the end she will be moving.

Laymans guess , retired LL:

Service of notice requires proper delivery --not that party even be awake

As a LL but not in TX, if I goofed on a notice the judge made me eat it and do it over again for the simplist of errors --quickly learned not to make mistakes!

I think her LL goet it wrong--TX allows for LL to terminate by the day with 30 day notice   I have trouble following if a notice to vacate by 15th and a demand to pay for full months is totally consistent with TX law as to notice--you go read TX rules, your decide.

Bottom line the executor will quickly find out how to get it right--so Mom would be wise to work it out sooner rather than later.

Sorry but a oral promise of a life estate is most unlikley to be enforceable, won't happen  -- If there were any written docuements of any sort as to  Mom having a long term lease-life estate in return for some specific payments which were in fact made --Mom might have a bargaining chip and claim IF she filed a claim against estate promptly. Dig about ?

As a technical aside, unless the executor has filed all the proper paperwork to be FORMALLY appointed by court as executor and has been so appointed by order--then he lacks proper standing to tell her to do anything! (Not hard to check court records)

Executor has been appointed by the court, and there are no written agreements to the life estate.  We know that is a dead issue.  They are giving 30 days notice, but I am not sure it is valid since they want her to pay for a full month but want her out in the middle of the month.  We are working on finding a place for her, but the notice was pretty short.  Also, if she pays the full month, that might prevent her from paying the deposit and rent on a new place.  An extra 2 weeks of looking for a place for her would help since I live over an hour away.

Texas landlord tenant statute:

• Sec. 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.

http://law.justia.com/codes/texas/2009/property-code/title-8-landlord-and-tenant/chapter-91-provisions-generally-applicable-to-landlords-and-tenants/

So, no, she is not obligated to pay the full month of February. (Assuming she is paid up for January.)

If rent is due on the first of the month she is only obligated to pay through the termination date, which is 2/15.

I suggest that she pay the 1/2 month's rent and attach a printout of that statute to her check. That should shut the executor up.

If if doesn't, and the executor files for eviction, she'll have a statutory defense and the eviction will be cancelled by the judge.

No need to tell the executor anything at this point. 

And I wouldn't count on getting an extention without the executor wanting an increase in the rent.

Landlords take:

I agree that adjusted jack has one way to play the equation.

I agree don't tell executor a thing more.

Given that TX is a bit Draconian as to how quickly it can work to fail to pay I'd not suggest failing to pay "something"--but as a practical matter if my goal as a LL is to get you out--then 2 weeks rent and the hassle to collect it in court is NOT my priority.

I'd not pay a dime a day before it was due.

Now permit me the flip side of LL's demand for a monent--you post Ll has demanded ALL of Feb rent--so if you pay ALL of Febs rent on the day it is due --of what merit is a notice to vacate on 15th--as a LL I'd not want to explain that blunder to my local judge --presuming one wants to stay to end of Feb of course. .

Drew:

Now permit me the flip side of LL's demand for a monent--you post Ll has demanded ALL of Feb rent--so if you pay ALL of Febs rent on the day it is due --of what merit is a notice to vacate on 15th--as a LL I'd not want to explain that blunder to my local judge --presuming one wants to stay to end of Feb of course. .

That's a good point. But the disadvantage is that the executor starts playing dirty tricks while the tenant's money is in his pocket.

A better strategy is to pay through the 15th and get out on the 15th. Then if the executor is playing dirty tricks he's doing it with his (or the estate's) money and not the tenant's.

Best that tenant's money be in tenant's pocket if things go sideways.

I'm assuming that a greenhorn LL who cannot get basic notice correct is unlikley to be able to quickly sort out the due process rules for eviction and too tight to pay counsel say $250/hr to go do it  over beating up a mature woman with a judge likley to be pro tenant.

My experience is that LL is always wrong unless is he dead right .

Now I agree the least confrontational path may be the best path and get out on 15th. and pay thru 15th.  

BTW is there any security deposit involved?

Per TX law "

(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."

No deposit.  She had a relationsip with her roommate.  I would rather get the couple extra weeks, rather than save the rent money.  If the notice is invalid, that would start the clock all over.  Also, I would think (just a guess here, that is why I am looking for suggestions) that the judge would throw out the eviction if filed before the the March 1 if she has paid the February rent.  I thing the Notice to Quit was an attempt to intimidate.  It was drawn up by an attorney, so I an not sure why the demand for rent for all of February.

galvez:

No deposit

Good. Gives her the advantage.

galvez:

I would rather get the couple extra weeks, rather than save the rent money.  If the notice is invalid, that would start the clock all over.

No. The notice is valid according to the statute.

It's the demand for the full month that isn't.

galvez:

Also, I would think (just a guess here, that is why I am looking for suggestions) that the judge would throw out the eviction if filed before the the March 1 if she has paid the February rent.

I think so, too.

galvez:

I thing the Notice to Quit was an attempt to intimidate. 

Maybe, maybe not. Doesn't matter.

galvez:

It was drawn up by an attorney, so I an not sure why the demand for rent for all of February.

Because the attorney was hoping that the tenant didn't know any better and just went along with it without seeking advice.

Or, the attorney is a probate attorney who knows nothing about landlord tenant law. 

Thanks to everyone for the suggestions.  I do not think the LL will do anything to her property.  A local police officer checks on her stuff daily, and they know that.  I believe I can have her out by March 1, so at this point, the plan is to pay the rent for February, and when February 16 rolls around, I will tell the LL that he has to wait. I will not explain why.  If he files for eviction, then I will let him explain to the judge why he collected the full months rent.

galvez:

Thanks to everyone for the suggestions.  I do not think the LL will do anything to her property.  A local police officer checks on her stuff daily, and they know that.  I believe I can have her out by March 1, so at this point, the plan is to pay the rent for February, and when February 16 rolls around, I will tell the LL that he has to wait. I will not explain why.  If he files for eviction, then I will let him explain to the judge why he collected the full months rent.

Feel free to come back to this thread (don't start another) to report and get additional help if you need it.

Adding to the thread, even months later, brings it to the top of the active list, and Drew and I are here every day.

I think there is a quirky provision in PA LT law or case law that creates a legal presumption that a long term oral becomes an annual lease  (after about 3 years, perhaps a type of detrimental reliance long term deal--I don't know ) ) to sort of inhibit tenantin good standing   with a long term situation being suddenly told to lease

--in short if I was dumb enough to have a long term oral lease tenant I might well be required to give her 1 year notice as the time frame starts when I raise the starting gate--now I never ran afoul of that quirk but I sure recall it was there---and were I in her shoes I might ask a seasoned lawyer who does tenant side of the equation ltigation in TX to comment if any such provision were available in TX

Drew:

I think there is a quirky provision in PA LT law or case law that creates a legal presumption that a long term oral becomes an annual lease  (after about 3 years, perhaps a type of detrimental reliance long term deal--I don't know ) ) to sort of inhibit tenantin good standing   with a long term situation being suddenly told to lease

--in short if I was dumb enough to have a long term oral lease tenant I might well be required to give her 1 year notice as the time frame starts when I raise the starting gate--now I never ran afoul of that quirk but I sure recall it was there---and were I in her shoes I might ask a seasoned lawyer who does tenant side of the equation ltigation in TX to comment if any such provision were available in TX

No.

Month to month is month to month, per the TX statute.

Nothing in there like that.