A lease agreement always runs for a specific period of time, usually between six months and a year. While most tenants stay for the entire duration of the agreement, some might end up breaking their lease along the way. Tenants may want to break their lease for a myriad of reasons, be it due to military deployment, domestic violence, habitability issues, or anything in between.
To protect yourself and your assets, it’s important to familiarize yourself with the laws regarding lease termination, as well as the eviction process in Texas. In today’s blog, we’ll explain the unjustified and legal reasons to break a lease.
Rental Agreement in Texas
When renting out a property, it’s important to draft a clear rental agreement. When a tenant signs a lease, the landlord should inform them of the financial liabilities tied to breaking a lease early for unjustifiable reasons. The landlord should also go over the tenants’ rights to break a lease in Texas for justifiable reasons.
You should also include a notice requirement in your lease agreement. Let tenants know they have an obligation to notify you prior to breaking their lease. In the state of Texas, tenants must serve a 7-day notice when breaking a week-to-week lease, and a 30-day notice when breaking a month-to-month lease.
There are no statutes for other types of periodic leases, such as quarter-to-quarter and year-to-year leases. Tenants on a fixed-term lease don’t have to provide notice before moving out. The lease expires on the last day of the rental agreement.
In Texas, landlords have a responsibility to re-rent their units after a tenant breaks the rental agreement, which you should note in the lease. If you’re able to re-rent the property quickly, the tenant will only be liable for paying rent for the duration the property was vacant. Make sure to clarify whether such unpaid rent may be deducted from the tenant’s security deposit.
Finally, you should let tenants know whether you allow subletting or not. In Texas, tenants need the approval of the landlord prior to subletting their unit. They must ask for your approval formally and send their request by certified mail. Then, it’ll be upon you to either accept or decline the request.
Unjustified Reasons to Break a Lease in Texas
The following are legally unjustified reasons for breaking a lease in Texas:
- Breaking a lease to buy a house
- Relocating for school or work
- Moving in with a partner
- Moving closer to friends and family
- Breaking a lease due to separation or divorce
Terminating a rental agreement for any of these reasons may create financial liabilities for the renter. The best scenario for the tenant would be to seek mutual termination with the landlord.
Legal Reasons to Break a Lease in Texas
1. Active Military Service
A tenant who is an active service member may be able to break their lease legally after a deployment or permanent change of station. In Texas, service members include members of the following military cadres:
- The Activated National Guard
- Armed forces
- Commissioned corps of the National Oceanic and Atmospheric Administration
- Commissioned corps of the Public Health Service
However, the tenant is still obligated to do certain things prior to breaking their lease and moving out. The tenant must prove they didn’t enter active duty before signing the lease and that they’ll remain on active duty for at least 90 days. The tenant must also provide the landlord a copy of the deployment letter from their commanding authority.
2. Unit Is Uninhabitable
Texas tenants can legally break their lease if the unit becomes uninhabitable. As you probably know, Texas landlord-tenant laws require that rental properties respect building codes and meet certain safety and health standards. As a landlord, you always strive to maintain the unit in excellent condition for your tenants, and thus avoid the risk of your property being deemed uninhabitable.
3. Landlord Harassment
As a landlord, you want to create a good, respectful relationship with your tenants. It is thus crucial for you to familiarize yourself with Texas laws when it comes to landlord-tenant responsibilities, such as how much notice you must give a resident before entering the unit they’re renting. Failure to give proper notice before entering the property could be considered landlord harassment.
4. Domestic Violence
Victims or survivors of domestic violence may be able to terminate their lease legally. To do so, the tenants must obtain an order from a judge, serve the landlord with proof of status, provide proper notice of at least 30 days, and vacate the property.
5. Other Reasons
Tenants may also list one of the following reasons to break a lease in Texas:
- The utilities the landlord is responsible for have been cut due to nonpayment.
- The sole occupant and tenant of the property dies.
- There’s a violation of the lease by the landlord, such as illegally raising the rent amount.
Conclusion
If you have questions about breaking a lease in Texas, please reach out to Prime Realty Property Management. We’re a full-service property management company whose goal is to minimize stress and maximize return on investment. Reach out to learn more!
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.
