Landlords must go through a special evacuation process before the tenant has to move. Here`s a brief overview of the process when the tenant broke the lease: If a tenant or resident is the survivor of domestic violence within the meaning of Section 71.004 of the Texas Family Code, they can terminate their lease prematurely without liability by documenting the domestic violence and being disposed of in writing to the landlord for 30 days. You must withdraw from the rent. For complete details on the requirements to be protected under this law, please see section 92.016 of the Texas Property Code. It doesn`t matter if you`re moving into an apartment in downtown Houston or a property in Dripping Springs – breaking a lease has the same consequences, no matter where you live in Texas. Transfer clause – If a transfer clause is incorporated into the rental agreement, you can terminate the lease prematurely without violating it if you have to move due to a work transfer. You may still have to pay a relocation fee, but you won`t be on the hook for the rest of the rent. 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. As has already been said, the reasons for breaking a lease may or may not be justified. If justified by law, it means that tenants no longer have any other liability in the rental agreement. All they need to do is send you the notification and, if necessary, provide proof. In Texas, it`s easy to break a lease and the financial burden can be mind-blowing.
Fortunately, there are a few rules that allow tenants to legally break a lease. You can legally break a lease if: There are many ways to break a lease. The Texas Association of Realtors Standard Lease agreement includes 14 pages of rules and regulations. But some terms are broken more regularly than others, often because tenants don`t even realize they`re doing something wrong. Pursuant to Section 91.001 of the Texas Property Code, a monthly lease can be terminated by either the tenant or the landlord. As soon as they notify the other party, the lease agreement terminates at one of the following: A service member or service member who is on duty for 90 days or more or who receives orders for a permanent station change, may prematurely terminate their lease agreement in accordance with Section 92.017 of the Texas Property Code. Someone who signs a lease and then enters military service may also prematurely terminate their lease under this law. The member must inform the owner in writing and record his or her military orders. The effective date of termination varies depending on the circumstances, so please read the section for full details.
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: 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 military personnel affiliated with uniformed services. .