Section 91.003 of the Texas Property Code allows a landlord to terminate a lease if their tenant has been convicted of an offense under Chapter 43 of the Texas Penal Code if:
- The lease was executed or renewed after June 15, 1981; and
- The tenant has "exhausted or abandoned all avenues of direct appeal from the conviction."
What happens when an apartment lease is broken?
What Happens When an Apartment Lease Is Broken?
- Types of Leases. Before you sign an apartment lease, you should be clear of its term and structure. ...
- Work Within a Time Frame. If you need to leave before the lease expires, you are on the hook for the remaining rent payments. ...
- Examine Other Considerations. If you don't negotiate a buyout, you have other options. ...
- Assessing Your Credit. ...
- Finding a Solution. ...
Can tenants get in trouble for breaking a lease?
Yes, tenants can get into legal trouble for breaking a lease, if the landlord sues for damages. If you signed a year lease and you want to move after six months, the landlord has an expectation that he would receive the same rent as you pay for the next six months. These are called “expectation damages.”
Can apartments charge you for breaking a lease?
Usually, tenants are legally bound to pay rent for the full lease term. This means that if you break a one-year lease term mid-way, you’ll still be required to pay rent for the remaining period. Under these exceptions, you may be able to move out without facing any legal repercussions.
What are the consequences to breaking your lease?
- Violation of the Lease Agreement. If a landlord violates the terms of the lease agreement, it may be enough justification to break the lease and relieve the tenant from their ...
- Illegal Contract. ...
- Domestic Violence. ...
- Mandatory Disclosures. ...
- Senior Citizen or Health Issue. ...
How much is it to break an apartment lease in Texas?
As a rule, the Texas Apartment Association typically recommends landlords charge 85% of a month's rent to cover early lease termination expenses. In extreme circumstances, a landlord may sue a former delinquent tenant for past rent. Most of these cases are heard in small claims court with the maximum claim of $10,000.
What happens if you break a lease in TX?
So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Texas requires landlords to take reasonable steps to keep their losses to a minimum—or to "mitigate damages" in legal terms.
Can you back out of a lease in Texas?
Breaking a lease early in Texas usually means paying your landlord a reletting fee—but not always. Unfortunately, Texas tenants hoping to break their lease early don't have a lot of legal leverage. Your landlord isn't required to let you terminate your lease, except in a handful of very specific scenarios.
How can I terminate my lease early?
Cancelling your existing lease agreement You can cancel your existing lease in terms of the Consumer Protection Act (the CPA), section 14, by giving twenty business days' notice, but ensure this is done in writing, said Seeff. You will be responsible for your rent until your notice period ends.
How can I legally break my lease in Texas?
Texas law gives the landlord or the tenant the explicit right to end a lease early in a few specific circumstances:Military Service. ... Family Violence. ... Sexual Offenses or Stalking Victims. ... Tenant's Death. ... Landlord's Failure to Repair. ... Landlord's Failure to Install, Inspect, or Repair a Smoke Alarm.More items...•
Does getting out of a lease hurt your credit?
When you break a lease, you'll generally be charged penalties by your landlord. Failure to pay these penalties can impact your credit scores, as your landlord can turn the debt over to a collection agency.
What are the renters rights in Texas?
Renter's RightsPeace and Quiet. Your rights as a tenant include the right to "quiet enjoyment," a legal term. ... Health and Safety. You have a right to demand that the landlord repair any condition that materially affects your physical health or safety. ... Security Devices. ... If You Have Problems.
How much is a Reletting fee in Texas?
The reletting fee is typically 150% of one month's rent. Check your specific lease agreement or renewal for your amount. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you.
Can you break a lease if you feel unsafe in Texas?
Introduction. Section 92.016 of the Texas Property Code gives victims of family violence the right to “vacate and avoid liability.” This means a victim of family violence may break her residential lease without penalty and in some cases without notice.
On what grounds lease can be terminated?
Lapse of time – When the prescribed time of the lease expires, the lease is terminated. Specified event – When there is a condition on time of lease depending upon a happening of an event. Interest – Lessor's interest to lease the property may cease, hence resulting in the termination of the lease.
Can my landlord keep my deposit if I leave early?
Deposit schemes have to let your landlord take the money if you owed rent or you left the tenancy early.
How contract of lease can be terminated?
The tenant may legally cancel the lease at any time, but the termination of the lease agreement before it's expiry will incur cancellation penalties. The landlord has the right to charge a reasonable cancellation fee as per the lease signed, based on the remaining lease period before expiry.
How much is a Reletting fee in Texas?
The reletting fee is typically 150% of one month's rent. Check your specific lease agreement or renewal for your amount. 3) You must continue paying rent each month on the first, until a replacement tenant is found and starts paying rent for you.
Can you break a lease if you feel unsafe in Texas?
Introduction. Section 92.016 of the Texas Property Code gives victims of family violence the right to “vacate and avoid liability.” This means a victim of family violence may break her residential lease without penalty and in some cases without notice.
How long after signing a lease can you back out Texas?
Termination Rights Texas law allows tenants to end their leases after providing three days' written notice to their landlords who breach the state re-key laws.
Do you have to give a 30 day notice on a month to month lease Texas?
Be aware that if you are in a month-to-month tenancy, the landlord or the tenant only must give 30-days' notice before ending the lease. If the term of the lease is more than 1 year it must be in writing or it is unenforceable.
What happens if you break your lease in Texas?
So, if you break your lease and move out without legal justification, your landlord usually can't just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent.
How long do you have to give notice to end a lease in Texas?
In these cases, landlords in Texas must follow specific procedures to end the tenancy. For example, your landlord must give you three days' notice (unless the lease specifies a shorter or longer time) to pay the rent or leave (Texas Prop. Code Ann. § 24.005) before filing an eviction lawsuit. Tenants are legally bound to pay rent for ...
What are the rights of a tenant in Texas?
Tenant Rights and Responsibilities When Signing a Lease in Texas. A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can't raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease).
How long does it take to terminate a lease for military reasons?
Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
How long do you have to pay rent for an eviction?
Code Ann. § 24.005) before filing an eviction lawsuit. Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
What happens if your security deposit is not sufficient?
But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $10,000 in Texas.
What is the law regarding early termination?
State law (Tex. Prop. Code Ann. § 92.0161) provides early termination rights for tenants who are victims of sexual assault or stalking, provided that specified conditions are met (such as the tenant securing a protective order).
What happens if your landlord refuses to fix your house?
Your landlord has refused to make a major repair and your rental has become uninhabitable. Your landlord has cut off your utilities. Your landlord has removed windows, doors, appliances, or fixtures for any reason other than repairs. Your landlord changed the locks on your rental for any reason other than nonpayment of rent.
What to do if your landlord is not covering your lease?
If your situation isn’t covered by the law or your lease, then you’ll need to talk to your landlord. Make it clear to them that the situation is out of your control. Even better if you can back up your story with hard evidence, such as a letter from an employer or a doctor's note testifying that your parents are seriously ill.
Why did my landlord change my locks?
Your landlord changed the locks on your rental for any reason other than nonpayment of rent. You’re the victim of domestic violence, stalking, or sexual assault. Your roommate has committed a violent crime against you. Your landlord has violated your privacy or harassed you. There are a lot of other reasons to break a lease: buying a house, ...
What is damage mitigation in Texas?
Under Texas law, a landlord is required to make a reasonable effort to re-rent your unit if you move out early.
What is mutual termination of tenancy agreement?
The best way to do this is to prepare a document—often called a " mutual termination of tenancy agreement "—that outlines the specifics of your arrangement with your landlord.
Can you rent a unit if you move out early in Texas?
Under Texas law, a landlord is required to make a reasonable effort to re-rent your unit if you move out early. They can only charge you for the time that it wasn't occupied by a new tenant. Imagine that you move out on May 31st with nine months left on your lease. Your landlord advertises your empty rental (as required by law) ...
Can a lease break benefit your landlord?
You can also approach negotiations from another angle: could your lease break actually benefit your landlord in some way? For example, do units in your area rent for even more now than you're currently paying? You'll probably be more successful if you rent from a private landlord, rather than a large management company with less flexibility.
When breaking a lease is justified in Texas?
On this page from the self-help publisher Nolo, the "When Breaking a Lease Is Justified in Texas" section summarizes Te xas laws that give a tenant the right to end their lease early.
How to terminate a lease in Texas?
According to Section 91.001 of the Texas Property Code, a month-to-month lease may be ended by either the tenant or the landlord. Once they notify the other party, the tenancy ends on whichever of the following is later: 1 The day stated in the notice; or 2 For rental periods of at least one month, one month after the day notice is given. For rental periods of less than one month, "the day following the expiration of the period beginning on the day on which notice is given and extending for a number of days equal to the number of days in the rent-paying period."
What happens if a tenant dies during a lease?
If the tenant dies during their lease, a representative of their estate can provide written notice to the landlord under Section 92.0162 of the Texas Property Code to end responsibility for future rent under the lease. For complete details of what must happen to terminate a lease under this law, please read the section in its entirety.
What is a month to month lease in Texas?
Month-to-Month Leases. According to Section 91.001 of the Texas Property Code, a month-to-month lease may be ended by either the tenant or the landlord. Once they notify the other party, the tenancy ends on whichever of the following is later: For rental periods of at least one month, one month after the day notice is given.
How to end a lease early in Texas?
It must have occurred in the previous 6 months. To end the lease early, the victim or their parent/guardian must give the landlord documentation of the offense and 30 days' written notice to move out. They must then move out of the rental. For complete details of the offenses covered by this law and the requirements for protection, please read Section 92.0161 of the Texas Property Code.
What is the Texas property code?
Section 91.006 of the Texas Property Code describes a "landlord's duty to mitigate damages," which means that a landlord must try to find a new tenant and help reduce the amount of rent the former tenant owes under the lease. A condition of a lease that says that a landlord does not have duty to mitigate damages is void under this law.
What is the Texas Penal Code for terminating a lease?
Section 91.003 of the Texas Property Code allows a landlord to terminate a lease if their tenant has been convicted of an offense under Chapter 43 of the Texas Penal Code if:
How much does a landlord charge for early termination of lease in Texas?
As a rule, the Texas Apartment Association typically recommends landlords charge 85% of a month ’s rent to cover early lease termination expenses. In extreme circumstances, a landlord may sue a former delinquent tenant for past rent. Most of these cases are heard in small claims court with the maximum claim of $10,000.
How to break a lease early?
If you want or need to break your lease early, first contact your landlord and discuss the situation. Recruit their help to keep your costs to a minimum.
What is the Texas law on vacancy?
Texas law allows landlords to charge tenants for costs related to filling a vacancy left when a tenant terminates a lease without just cause. These expenses cover marketing and qualifying new tenants. Total fees vary depending on the situation, and most lease contracts have clauses designed to clarify such details.
What happens at the end of a lease?
At the end of a lease, you can move out, renegotiate the lease terms, or fall back on a month-to-month rental plan. Your landlord may also decide not to renew the lease or notify you of an increase in the rent as a condition of resigning the lease.
What is a lease agreement?
A lease is a legally enforceable contract between a tenant and a property owner. The parties agree to certain conditions that apply for a specified time. Most commonly this means that you, as the tenant, pay rent at an agreed rate each month for the privilege of occupying the property. Your landlord agrees to maintain the property as suitable housing for you to enjoy.
How to end a lease?
The easiest way to end a lease is to let the contract expire at the agreed-upon time. Most lease agreements have provisions for what happens when a lease expires. Sometimes the agreement renews automatically, but the parties typically take the opportunity to renegotiate the arrangement. At the end of a lease, you can move out, renegotiate the lease terms, or fall back on a month-to-month rental plan. Your landlord may also decide not to renew the lease or notify you of an increase in the rent as a condition of resigning the lease.
How long does a lease last after you notify your landlord?
Victim of Domestic Abuse – Show evidence of a court-mandated restraining order to immediately break a lease. Active Military Service – Your lease ends 30 days after you notify your landlord in writing of your military assignment. You might also break a lease if the landlord violates the terms of the agreement.
Tenant Rights and Responsibilities When Signing a Lease in Texas
Texas residents have the right to live in a safe rental, which means that they can generally break a lease if the landlord does not adhere to this necessity. Your heat, locks, water, smoke alarms, and essential appliances furnished by your landlord need to be functional. Some form of adequate cooling is also a must in Texas.
When Breaking a Lease is Justified in Texas
Texans are typically only able to legally break a lease if a legitimate safety issue is involved. These issues can include:
Lease Termination Notice Requirement in Texas
When it comes to breaking a lease in Texas, tenants are required to give a specific amount of notice:
Consequences of Illegally Breaking a Lease
Your landlord may be able to sue you for the remainder of your lease if you leave without notifying them or if you break your lease for an unapproved reason. They may also consider violating your end of the lease contract to be grounds for considering your leaving to be an eviction.
Reasons That Can't Be Used to Break a Lease
Unfortunately, most reasons an average person would have for wanting to move are not legally considered legitimate grounds for breaking your lease. You will typically need to wait until the end of your lease if you intend to:
How to Break a Lease in Texas by Yourself
You will need to provide your landlord with adequate notice before breaking your lease. You will usually also need to pay your last month's rent in full, even if you are not in your apartment for the whole month.
Next Steps for Breaking a Lease in Texas if You Can't Do It Yourself
Breaking your lease may involve communicating with your landlord more than you would like to when you prioritize getting ready to move, especially if you are frustrated with a related problem. Fortunately, you have a better option.
When is breaking a lease justified in Texas?
Right to Vacate and Avoid Liability Following Certain Decisions Related to Military Service - Texas Property Code § 92.017. If the military service requires a permanent change of station; or to deploy with a military unit for a period of 90 days or more . You have a right to break the lease ...
What to do if you break your lease?
Typically, if you have a valid reason to break your lease the manager will help you get that done. YOU MUST GET THIS IN WRITING - preferably on a “release of lease agreement”!
What happens if you don't have running water in your apartment?
Lack of Running Water, Electricity, or Heat: Tenants need to have access to certain vital services in their apartments. Tenants can report landlords if there is no running water in their apartment, if they do not have heat in the winter or A/C in the summer.
What happens if you leave a lease without an agreement?
If you leave without coming to an agreement you could end up being charged for the full remainder of your lease.
What is an early termination option?
Some leases may include an “early termination option” that terminates the lease agreement for a fixed amount. Some leases have a similar clause called a “reletting clause”, but read carefully, some “reletting clauses” hold you liable for the remainder of the rent until they find a replacement tenant to lease your unit.
What is your maximum responsibility for a lease?
Your maximum responsibility is the rent for the remainder of the lease, which could be a lot of money if you still have several months left on your lease.
How long does a landlord have to disclose information?
It is important to know that landlords have a duty to disclose this information in seven days upon a written request by posting the information in the office or responding to you in writing. The only exception to this duty is when the information is in your lease (so check this first). Tex.
Military Service
Family Violence
Sexual Offenses Or Stalking Victims
Tenant's Death
Landlord's Failure to Repair
Landlord's Failure to Install, Inspect, Or Repair A Smoke Alarm
Landlord's Failure to Disclose Management Information
Conviction For Public Indecency
- Section 91.003 of the Texas Property Code allows a landlord to terminate a lease if their tenant has been convicted of an offense under Chapter 43 of the Texas Penal Codeif: 1. The lease was executed or renewed after June 15, 1981; and 2. The tenant has "exhausted or abandoned all avenues of direct appeal from the conviction."
Other Situations