Texas courts allow landlords to collect so-called “relocation fees,” which are the lessor`s costs resulting from early termination of the lease.1 While there is no specific Texas law regulating the amount of these fees, excessive fees that are not related to actual early termination expenses may be from a court. Tenants should consult a lawyer if they believe their lease carries an unusually high penalty for early termination. Unlike many states, Texas law effectively allows a tenant to unilaterally terminate a lease if a lessor has failed to keep the rental unit in good condition.2 This happens when it violates something called a “habitability guarantee.” If a landlord doesn`t fix the offense within a reasonable time – typically seven days in Texas – a tenant can terminate their lease by law. Texas courts recognize what is known as a “mitigation obligation”.9 This means that if a tenant terminates a lease prematurely and leaves a rental unit, the landlord is required to try to rent that unit to a new tenant. If the landlord does not try to find a replacement tenant, he cannot sue the evacuating tenant on the unpaid rent. Note that a landlord doesn`t have to find a new tenant – just to do a thorough search for one.10 Texas landlords have a responsibility to provide their tenants with a safe and habitable rental unit. Here are some conditions or defects that can make a building uninhabitable: If your tenant is an active member of the service, the Servicemembers Civil Relief Act protects them from any form of penalty for breach of a rental agreement in Texas. However, the law applies only to members affiliated with uniformed services. The easiest way to terminate a lease is to terminate the contract on the agreed date. Most leases have provisions about what happens when a lease expires. Sometimes the agreement is automatically renewed, but the parties usually take the opportunity to renegotiate the agreement. At the end of a lease, you can move, renegotiate the rental conditions or use a monthly rental plan.
Your landlord may also decide not to renew the lease or inform you of a rent increase as a condition of withdrawing the lease. Signing a lease means that a tenant agrees to live in your rental unit for the duration of the contract. When a tenant violates this legally binding agreement, the rental agreement is presumed to be broken and there are often consequences. The Texas Lease Termination Letter Form is a legal document that can be completed and served by a lessor or tenant in order to issue 30 days` notice for the evacuation of a leased property. Once the document has been sent, the notified person and the sender are considered in accordance with the instructions of the agreement to give a notification of 30 days before the evacuation of the premises. You can also break a rental agreement if the landlord violates the terms of the agreement. This strategy is risky and can have other consequences. You have to plead your case in court, which costs time and money. Even if you win, other potential owners might be reluctant to rent you out in the future. However, unjustified rent interruptions mean that your tenant can be financially gated for the loss of rental income and the price of finding another tenant. As a general rule, Texas Apartment Association recommends that landlords charge 85% of the monthly rent to cover the cost of early termination of the lease.
In extreme circumstances, a landlord can sue a defaulting former tenant over past rent. Most of these cases will be tried in small claims court with a maximum debt of $US 10,000. In addition to waiting for the scheduled expiration, there are four cases where you can break the agreement prematurely and without consequences: if a tenant is a victim of domestic violence, he can break the lease prematurely without risk of punishment. They can ask for legal evidence, for example. B a publication ban against their partner. . . .