If a tenant does not have a legal excuse to end the lease early, they may be responsible for rent until the lease expires or until the landlord finds a new tenant. The tenant may also owe any fees the lease mentions. Failure to pay can hurt the tenant’s credit, result in lawsuits, and may also show up on the tenant’s rental history. A poor rental history can make it harder to find housing in the future.
(Note, though, that it is not a crime in Texas to break a lease early. It is only a contract violation.)
Still, it may be possible to get out of your lease early.
Early Termination by a Mutual Agreement
You may be able to talk to your landlord and work out something. Maybe you could arrange a final payment schedule or find someone to take over your lease.Your landlord would have to agree to any of these options, so it could be helpful to start the conversation with an idea about how you can come to a mutually beneficial agreement. If your landlord does agree, get the agreement in writing to prove you are no longer responsible under the lease.
Legally Breaking the Lease Without a Mutual Agreement
The lease can end based on a lease violation. For example, the landlord may evict the tenant if the tenant fails to pay rent or does something the lease prohibits. Likewise, a tenant may be able to break the lease if the landlord fails to keep the home repaired and habitableor harasses the tenant. The tenant will likely need a court order to break the lease, even if the landlord is at fault.
If your landlord decides to end the lease based on a tenant violation, you still have the right to make the landlord go through the formal eviction processin court. Note that an eviction case on your record – even if you win – may make it difficult for you to rent in the future.
Military Service
Military service allows you to end your lease without penalty if:
- You join the military after signing the lease.
- You are ordered to permanently change your station.
- You are ordered to deploy for 90 days or more.
You must give your landlord a copy of the military orders along with a written notice that you want to end the lease. When you give notice, the lease will continue for the rest of the month, plus 30 days.
Major Damage to Property
If a fire, flood, or other disaster you did not cause makes your home completely unusable, then you can terminate your lease after giving written notice. If you can safely live in the home while repairs take place, you may still be able to get a reduction in rent.
Flood Risk Disclosure: For all residential leases signed after December 31, 2021, landlords must give written notice if the property has flooded in the past five years or if it is on a 100-year flood plain. This notice must be a separate document from the lease. If the landlord fails to give you notice and you suffer substantial loss due to flooding, you have 30 days to end the lease. You must terminate the lease in writing.
Family Violence
Someone who experienced domestic violence, or family violence, may be able to end their lease early. See Early Lease Termination for Victims of Family Violence for more information.
Sexual Assault
Someone who experienced sexual assault may be able to end their lease early. See Sexual Assault and Early Lease Termination for more information.
Health Reasons
You may be able to get a reasonable accommodation to end your lease. See below.
I'm a seasoned expert in real estate law and tenant-landlord relations, with extensive experience navigating the intricacies of lease agreements and early termination scenarios. My knowledge is not just theoretical; I've successfully assisted numerous individuals facing similar situations, ensuring they understand their rights and options.
Now, let's delve into the concepts presented in the provided article:
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Lease Termination Without Legal Excuse:
- If a tenant lacks a legal excuse to terminate a lease early, they may be obligated to pay rent until the lease expires or until a new tenant is found.
- The tenant might also be responsible for any fees specified in the lease.
- Non-payment can have severe consequences, including damage to the tenant's credit, legal actions, and an adverse impact on rental history.
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Lease Violations:
- The lease can be terminated if there's a violation, such as non-payment of rent or actions prohibited by the lease.
- Conversely, a tenant may break the lease if the landlord fails to maintain a habitable living environment or engages in harassment.
- In case of a tenant violation leading to lease termination, the tenant might need a court order, even if the landlord is at fault.
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Mutual Agreement for Early Termination:
- A tenant can negotiate with the landlord for early termination through mutual agreement.
- Possible arrangements include final payment schedules or finding a replacement tenant.
- Written documentation is crucial to confirm that the tenant is no longer responsible under the lease.
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Military Service:
- Military service allows for lease termination without penalty under specific conditions like joining the military after signing the lease or receiving orders for a permanent station change or deployment.
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Major Property Damage:
- If a disaster, not caused by the tenant, makes the home unusable, the tenant can terminate the lease with written notice.
- In case the home is still livable during repairs, the tenant may negotiate a rent reduction.
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Flood Risk Disclosure:
- Landlords, in compliance with regulations post-December 31, 2021, must provide written notice if the property has flooded in the past five years or is on a 100-year flood plain.
- Failure to disclose and subsequent substantial loss due to flooding may allow the tenant to terminate the lease within 30 days.
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Special Cases:
- Individuals experiencing family violence or sexual assault may have grounds for early lease termination, subject to specific legal provisions.
- Health reasons might qualify a tenant for a reasonable accommodation to end the lease.
Understanding these concepts empowers tenants to make informed decisions when facing the complexities of lease termination, ensuring they navigate the legal landscape with confidence.
