Found an issue on this page? Let us know and we will look into it as soon as possible.
Do I have any legal remedy to invalidate my landlord's notice to vacate?
Anonymous7 views2 answers
My landlord taped a 30-day notice to vacate on my door while I was at work and stated the notice was unconditional. It does not provide any reason except that my lease is expired. My status is month-to-month. I am in good standing and have paid all rent due on time for 3 years. The notice to vacate was given one day after I informed the landlord that I had filed an police incident report against another neighbor who had disturbed my car. I have also called the police two other times when this neighbor has disturbed the peace. Both times, police spoke to the neighbor and required him to comply with city ordinances regarding excessive noise past allowed hours. When I informed my landlord of my complaints and calls to police, the landlord did not remedy the situation nor return my messages.
Legally there isn't much you can do.
A claim of retaliation isn't going to work.
Chapter 92 of the Texas Property Code, Subchapter H, applies to claims of landlord retaliation. You haven't "exercise[d] or attempt[ed] to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute" or "give[n] a landlord a notice to repair" or "complain[ed] to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency."
Even the section of Chapter 92 entitled "TENANT'S RIGHT TO SUMMON POLICE OR EMERGENCY ASSISTANCE" won't help since this doesn't involve family violence.
Your best bet is to have a calm conversation with your landlord and try to work things out.
A month-to-month lease provides flexibility that can be used by either party. You could terminate for any reason or no reason. The landlord can terminate for any reason that isn't unlawful. Unfortunately, this doesn't appear to be an unlawful reason.
Good luck!
Source: http://www.statutes.legis.state.tx.us/SOTWDocs/PR/htm/PR.92.htm
