Breaking a Lease in Texas
Posted by Priscilla
Tenants in Texas sometimes have problems that require them to make a request to the landlord to break a lease. Financial problems, illness or even job relocation are all reasons a tenant would want to break a lease but the landlord might not agree. If a tenant can negotiate with a landlord, it can prove to be a win-win situation.
The lease is a legally binding contract created to protect the landlord and the tenant. Breaking a lease can have serious consequences including the possibility of limiting a renter’s ability to lease another apartment or even result in a negative credit rating.
Tenants can help themselves and the landlord by finding another tenant for the apartment. The current tenant would need to create an agreement between the two parties called a sublease. In the sublease the old tenant would be responsible for the new tenant’s actions in the apartment and also the rental payments. It would be the old tenant’s responsibility to make sure the new tenant pays the landlord on time. When choosing a replacement tenant, be sure to know their background and payment history.
If the lease has an early termination clause the tenant can make a payment to release the lease obligation. These payments can include, two months rent or even a flat fee. Check the lease when signing to see if there is an early termination clause.
Landlords in Texas are required to ensure a tenant lives in a safe environment. There must be hot and cold water, heat in the winter and no leaks in the roof. If any of these conditions are not satisfied, the tenant has the right to request a repair. If repairs are not made within a reasonable amount of time, the tenant can move to a safer dwelling thereby breaking the lease.
Remember the lease is a legally binding agreement. Breaking a lease constitutes breaking a contract. It is best the tenant seek legal help before breaking a lease to protect themselves.
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