From the Legal Hotline: When Time of Day is Not Specified in a Contract Deadline

May 01, 2019

We often receive calls asking when a time period expires or notice must be given if the contract does not explicitly state a time.

Where no time is stated in a contract, the deadline for giving notice or expiration of a time period is at 11:59 p.m. on the date stated in the contract. For example, if the contract requires a Seller’s Disclosure Notice (TXR 1406) to be delivered within 10 days after the effective date, the deadline to do so would be 11:59 p.m. on the 10 day after the effective date. Similarly, if a lease expires on April 15, the tenant would have until 11:59 p.m. on April 15 to move out of the premises.

Alternatively, a deadline that includes a time must be strictly followed. For example, the One to Four Family Residential Contract (Resale) (TXR 1601) requires a buyer to provide a termination notice under Paragraph 23 by 5 p.m. of the agreed upon date to terminate the contract.

Traci Jackson, associate counsel

All times mentioned above are the local time where the property is located.

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