My realtor marked a section out of my TAR - Texas

13 Replies

This is overly annoying as I am learning the laws and more about TAR contract for Texas.  I am now questioning if my realtor has my best interest or just making sure my property rents and gets paid.  It took a problem tenant for me to give a crap about my contract I know I am only the one to blame but it would appear that B may not be applicable so if I renew on a month to month then I am married to the tenant until hell freezes over?  The way the contract is reading I would think as such but maybe a Texas law would trump this shenanigan and still allow me to terminate once the lease is up regardless if one of the boxes are checked or not checked?

Opinions appreciated thanks to all who reply.

@Aaron W. . Not sure why an Agent would scratch through both of these provisions, they are basically and either / or. Probably not negligence, just lack of knowledge. You also, have a duty to understand the Rental Contract. 

If you want to evict the tenant, send them a notice to vacate form, or provide them with a 60-Day Notice of Non-Renewal. You should be OK. Worst case, you get taken to JP Court. Don't think there are many JP Ct Judges in Texas that would think you have no right to Terminate a tenant with sufficient notice. 

Thanks for the reply according to my realtor she actually helped me understand that portion of the contract better if I don't renew the lease then the lease just expires so I would have to have them sign a new lease and next time if I wanted that option check the box.

The odd thing though there is a section stating it could renew on a month to month but she is stating since that section is marked out I would have to press for a new contract to be signed by the tenant which they are going to try to barter with me on and get lower rent so kinda stinks.  I would have preferred that section not be marked out.

@Jerel Ehlert maybe she is wrong and I get either option thanks for the links btw

Don’t agree with your appears the the lease automatically reverts to month, the crossed out sentences simply refer to a proration if the tenant leaves before required date, due to notice of not renewing the month to month.  Don’t know if striking them both out violates TX law, but the lease still reverts to month to month, which can be terminated with proper notice.  I imagine you might have apply one of the proration options if required by TX law, which ever one most favors the tenant.

Interpreting leases:  Lease controls where it speaks on a topic (and not void or voidable under statute).  Where the lease is silent, statute controls.  Where lease and statutes are silent, Texas and Federal common law control (rare).  There are specific statutes that a written lease cannot override control, and are void or voidable.

When the lease expires, and there is no provision for extensions or renewals, it becomes a "tenancy at sufferance" with a period of what was under the lease (commonly, rent is due monthly => a "month-to-month" lease).  To terminate a tenancy at sufferance, the old common law is/was notice of one "period".  By statute, because it is so common, unless otherwise stated will be 30-days' notice.

Fun fact: notice for eviction after a foreclosure in Texas is 30-days' notice.  This is also the notice period for terminating a written lease for anything other than non-payment of rent (unless written lease says otherwise).

If you are going to play the game (landlord-tenant), you should know the rules. Ignorantia juris non excusat.

@Jerel Ehlert thanks for the insight that pretty much nails this down then and I have a full understanding thanks for the heads up it is actually a relief in knowing that I can just go on a month to month even though they marked those out and still exercise terminating the lease with the tenant upon notice.

In my opinion, your agent crossed the line(literally) by striking out a paragraph on a TAR lease.  This could be interpreted as practicing law which all agents need to avoid

However, in my opinion it does not effect the lease at all as once the lease expires a 30 day notice by either party would terminate the lease

@Jerel Ehlert While I understand that the 30 day notice is necessary after a foreclosure, I believe that does not apply to the owner if they are still in the property.  Correct ?

@Jerel Ehlert Great info!  I also agree with @Greg H. -it was not a great idea for your agent to remove both options for written notice after a month to month lease.  State law should take over since there is no other written agreement between the parties.  If you don’t want the property back at lease expiration, have them sign a new lease for whatever period you guys agree to and have it reprinted without the strikeouts so that you don’t have to worry.  You could also just correct it and ask them to initial if they are in agreement but sounds like things didn’t go well.  Otherwise, a 30 day written notice of non-renewal delivered in the correct way should be sufficient to have the right to take back the property.

So my lease would renew on a month to month.  I am new it is kinda a blessing in disguise in compelling me to learn that my tenant and I have bumped heads on a few things.  The good news is we are now getting along.

The biggest problem I am to blame in how I handled tenant change over.  I had one tenant roll out and another one try to roll in immediately and there were a ton of hidden problems that were not known to me.  The house I am renting is not a typical rental it is a 6000 square foot mini-mansion.

Thanks for all the replies this thread has been very educational.

So if I am getting this right my lease will renew on a month to month and if I or my tenant wishes to terminate the contract then a 30 day written notice would need to be issued.

The month to month I am assuming also that the TAR contract and the provisions are what is renewing.  I would not be in a tenancy of suffrage 

@Aaron The two parties have agreed that the lease continues on a month to month basis until a written notice is given but the specifics on the notice are deleted.  The tenant has been authorized to continue renting by the contract so it is not a tenancy of sufferance because the landlord has consented to allow this month to month extension.  Yes, with the original language, the lease renews each month for a month at a time until either of you give a written notice, although with the cross-outs, it is now unspecified when that written notice is effective.  State law should dictate that a 30 day written notice would be sufficient if there is no fault.  If the was a lease violation, it would be different.  If the tenant is in default, Texas law allows a 3 day notice to vacate.  The contract normally shortens that to only 1 day (check your contract to verify).  Glad things are going better for you!!

Originally posted by @Aaron W. :

@Jim Cummings   I have to learn everything the hard way in life it took me getting a problem tenant to realize I need to study hard on this stuff and know it like the back of my hand.

 You need to know the general process, but you don't need to "study hard" or "know it like the back of your hand" that's why serious landlords hire attorneys.