Breaking a lease in Texas can be a big deal if not done correctly, and while nobody plans to break their Texas lease when they first move in, life happens. People break leases in Texas for many reasons. Whether you’re trying to get out of your agreement for legal reasons (issues with the landlord, safety, quality of life, etc.) or personal reasons (you’ve found your dream home, got a new job, etc.), we can help.
What happens if you break a lease in Texas? Backing out on your lease may result in financial penalties, but knowing what to expect can be a huge help.
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State Lease Laws – Tenant Rights & Responsibilities When Signing a Lease in Texas
When you sign a lease, you’re legally stating you will withhold your end of the Texas rental agreement. Most rental property contracts are one year, with various stipulations, rules, and regulations you must follow; the landlord also has duties and responsibilities. All contracts vary, so reading them in-depth before signing or agreeing to a lease is vital.
Texas Landlord Tenant Law
Section 92.001 of the Texas Property Code defines a Texas tenant lease agreement as a written or oral agreement between a landlord or tenant that sets or changes the terms, conditions, rules, or other provisions related to the use and occupancy of a dwelling. According to Texas law, a spoken agreement (oral) is equally as valid as a legal document. Any lease longer than a year must be in writing.
Once you sign a lease, you will have responsibilities. While these vary from property to property, you will always be expected to pay your rent on time, follow the rules established in your leasing agreement, maintain the property, report any issues, etc.
What Happens When You Break a Lease in Texas
Breaking a lease early in Texas may come with consciences. While there are ways to legally get out of your Texas lease agreement, if you’re leaving your current rental for any reason besides military service, family violence, landlord incompetence, safety, etc., you will have to continue to pay rent until the lease expires, or until the landlord sources a new tenant.
If you don’t continue paying rent, your landlord could seek legal counsel and sue you for the unpaid rent amount, which could affect your credit. Having a legal dispute with a landlord on your record can make it very difficult to rent again. If you get sued, you will also have to deal with legal fees.
Other penalties for breaking a lease in Texas are:
- Loss of security deposit
- Negative reference
- Having to pay a reletting fee
Ultimately, breaking a lease in Texas is stressful unless it’s done the correct and legal way.
How to Get Out of a Lease in Texas | How to Legally Break a Lease in Texas
Knowing how to break a lease in Texas without legal implications can save you money, stress, and headaches.
In Texas, you have statutory rights to end your Texas lease agreement early. However, if you’re breaking a lease agreement in Texas for a reason not listed below, there may be financial consequences.
Legal Ways to Break a Lease in Texas
You will need a legal justification to break a lease in Texas without facing financial or legal consequences.
Military Service
Texas Property Code Section 92.017 and the Servicemembers Civil Relief Act (SCRA) state that servicemembers have the legal right to terminate their lease agreement early if they’re deployed for 90 days or more or are permanently restationed; dependants of servicemembers and those who enter the Military after signing a lease are also covered by law. The SCRA ensures active military duty members and their families are protected.
To properly end the lease without legal or financial implications, the servicemember must supply the landlord with military documents stating their orders to leave and a written notice.
Family and Domestic Violence
Victims of family violence can break a lease in Texas early under Section 92.016 of the Texas Property Code; the tenant will not be responsible for future rent or paying other fees related to breaking a lease.
Sexual Offenses or Stalking Victims
Sexual assault or stalking victims have the right to end their lease early in Texas. A victim of a sexual offense or stalking is defined in Section 92.0161 of the Texas Property Code and must have occurred in the past six months.
To terminate the lease properly, the victim or their parent/guardian must provide proof of the offense and a 30-day written notice.
Death of a Tenant
According to Section 92.0162 of the Texas Property Code, if a tenant who is the sole occupant of the property passes away, the estate representative has the right to terminate the lease with no legal or financial implications. The representative must provide written notice to the landlord to be covered by state law.
Landlord’s Failure to Repair
One of the ways to break a lease in Texas is if your landlord will not repair damages that are affecting your health and safety. If your landlord repeatedly violates his duty to maintain the property, you can leave the property with no legal obligations or issues.
You must submit a written request for the repairs, but if the landlord fails to do so within seven days, Texas Property Code Section 92.056 states that while the tenant must provide written notice to the landlord, breaking a lease in Texas due to safety is entirely legal.
Landlord’s Inability to Install, Inspect, or Repair a Smoke Alarm
Texas law requires all rental units to have up-to-date, working smoke alarms in all necessary areas. If the landlord violates this law, the tenant can request a repair be installed. If the landlord still fails to do so within seven days, the tenant has the right to break the lease without court action.
Landlord’s Failure to Disclose Management Information
If your landlord does not provide you with up-to-date information on who owns and manages the property you reside, you may have the right to terminate your lease agreement early. If the owner/management information you request isn’t given to you by your landlord within seven days, you can vacate the premises.
Medical Reasons
Breaking a lease in Texas for medical reasons is covered under state law. If a tenant is breaking a lease due to disability in Texas, the tenant has no financial responsibility to the lease agreement.
The tenant can utilize an early lease termination tool to write a letter of early termination, which ensures the landlord receives proper notice.
If you’re breaking a lease in Texas due to a job relocation, because you can’t afford your rent, or because you’re moving out of state, you won’t be protected under Texas law, meaning you will have to continue to pay your monthly dues until your lease expires. If you fail to make the monthly payments listed in the lease agreement, your landlord has the right to take legal action against you. However, Section 91.006 of the Texas Property Code states the Texas landlord’s duty is to mitigate damages. In other words, the landlord under whom you broke your lease must make reasonable efforts to find a new tenant to help reduce the amount owed under your lease.
Minimize Early Termination Penalty
While your relocation would ideally fall under legal reasons to break a lease in Texas, that’s not always the case. If you must break your lease due to a reason that is not covered under Texas law, there are ways you can do to minimize your termination penalty:
- Talk to your landlord – Many landlords are understanding and will likely do their best to help you get out of your lease as cost-free as possible. If you live in a desirable area, it should be fairly easy for them to find a replacement tenant.
- Try to sublease your rental unit – While subleasing isn’t allowed at all apartment complexes, some don’t mind. This would be the ideal solution to your renting dilemma as it may even result in your making a few extra hundred dollars a month.
- Find a new tenant – If you approach your landlord with a solution, they will likely be more willing to help you out of your situation. Having a replacement tenant ready for move-in is a great solution to a sticky rental agreement issue.
- Be extra communicative – Ensuring you communicate the entire situation to your landlord is key. They want to be kept in the loop as much as possible to ensure they don’t lose any profits.
FAQ
Can You Break a Lease in Texas If You Buy a House?
Breaking a lease in Texas to buy a house isn’t covered under Texas law, but often, you can speak with your landlord, tell them the situation, and find a solution that works for both parties.
Can Your Texas Landlord Keep Your Security Deposit If a Lease Is Terminated Early?
Early lease termination on the tenant’s end can result in the landlord keeping the security deposit and making the tenant pay the total remaining rent.
Can a Landlord Break a Lease in Texas?
Landlords can evict their tenants if the rules listed in the rental agreement are not followed. Landlords must provide a landlord written notice to the tenant they’re breaking the lease with before any legal action is taken.
How Long Does a Broken Lease Stay on Your Record in Texas?
While an eviction can stay on your record for up to seven years, no database tracks broken leases in Texas. However, old landlords can give you bad reviews, affecting your renting abilities. Your lease penalty debt can also be sent to a collections agency, which could affect your credit and, in return, make it hard to rent elsewhere.
Does Breaking a Lease in Texas Hurt Your Credit?
Any unpaid debt can affect your credit, including unpaid rent.
How Much Is a Reletting Fee in Texas?
Texas Apartment Association (TAA) can authorize a reletting fee, which is a fee that a tenant must pay after leaving a rental unit early or before the lease expires. Texas Tenant Advisor states that the reletting fee can be as high as 85% of a month’s rent.
More Information on Renters Rights in Texas to Break a Lease in State
While your landlord can evict you for not making the monthly payment or not following the rules, Texas does have renters’ rights, which help protect tenants from dishonest landlords.
Renting Tips From 2 College Brothers
You can always negotiate with your landlord prior to signing your lease. Adding an Early Termination Clause to your agreement may be a great idea, as it will provide you with more flexibility if you must leave your lease early.
Conclusion
While breaking a lease in Texas can feel daunting, there are many ways to come out scott-free. Texas has some of the best cities in the US, meaning rental properties often have a waitlist; it’ll likely be very easy to find a new tenant or sub-leaser.
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