Does a Notice to Vacate invalidate a Residential Lease?
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A notice to vacate, in and of itself, does not invalidate a residential lease. However, the grounds upon which a valid notice to vacate is based may also constitute a breach of the lease in the part of the tenant. For example, where the tenant fails to pay rent, that failure may constitute grounds for the landlord to deliver to the tenant a notice to vacate. Those same grounds, namely the failure to pay rent, typically constitute a breach of the lease agreement entitling the landlord to terminate the lease and evict the tenant. Thus, whether a notice to vacate entitles the landlord to call an end to the lease agreement depends on whether the grounds upon which the notice to vacate is based are valid.
Xavier Chavez
Xavier Law Firm
9595 Six Pines Drive
The Woodlands, TX 77380
A notice to vacate, in and of itself, does not invalidate a residential lease. However, the grounds upon which a valid notice to vacate is based may also constitute a breach of the lease in the part of the tenant. For example, where the tenant fails to pay rent, that failure may constitute grounds for the landlord to deliver to the tenant a notice to vacate. Those same grounds, namely the failure to pay rent, typically constitute a breach of the lease agreement entitling the landlord to terminate the lease and evict the tenant. Thus, whether a notice to vacate entitles the landlord to call an end to the lease agreement depends on whether the grounds upon which the notice to vacate is based are valid.
Xavier Chavez
Xavier Law Firm
9595 Six Pines Drive
The Woodlands, TX 77380