Landlord Rights After Tenants Break a Lease in Texas
In Texas, the Texas Landlord and Tenant Act governs residential lease transactions between landlords and their tenants. Texas law allows landlords to sue their tenants, sell their nonexempt personal property, and seek other types of judgment collections against their tenants when they fail to properly terminate their leases or unilaterally break their leases. Texas law gives landlords a right to lien their tenants' property if they abandon the property without properly terminating their leases.
Overview
Texas law allows landlords and their tenants to enter into both verbal and written lease agreements. Landlords and tenants in written lease arrangements must comply with the terms of their written leases. Most written leases do not allow tenants to terminate their tenancies prematurely. As a default rule, landlords who do not insert termination and notice provisions in their leases must allow their tenants to terminate their tenancies with at least 30- or 60-day notices. For tenants at will or month-to-month tenants, Texas law allows them to break their leases with 30 days of advance written notice. For periodic tenants or tenants with year-to-year leases, Texas law allows them to terminate their tenancies with 60 days of advance written notice in the absence of other termination requirements.
Texas Law
Tenants who terminate their leases prematurely or without cause face civil penalties. Texas law allows landlords to deduct unpaid rent from their deposits if they disclosed their rights to deduct in their written leases. Landlords who use oral leases cannot typically use their tenants' security deposits to cover unpaid rent. Under Texas law, landlords must clearly and conspicuously outline their rights to withhold deposits in their written leases. If a landlord deducts unpaid rent from a tenant's security deposit, he must return any remaining deposit funds within 30 days and provide a written itemization of his deduction.
Rights to File Lawsuits
Landlords can sue their tenants in small claims court or superior courts in Texas if they break their leases prematurely. Furthermore, landlords can evict their tenants for violating their leases by providing them with at least 60 days of notice to move in a yearly lease arrangement or 30 days of notice to move in a monthly lease arrangement. Although Texas law requires landlords to mitigate their future damages by engaging in reasonable efforts to re-rent their unoccupied property if they terminate their tenancies or when tenants terminate their tenancies, landlords can sue for any remaining rental payment obligations.
Lien Rights
Texas law allows landlords to remove some of their tenants' personal property within their rentals if they fail to pay rent. A landlord's lien removal right allows him to remove nonexempt personal property. However, a landlord cannot enforce his lien rights unless he gave his tenants notice of his rights to lien property in writing stated conspicuously in his written lease. Furthermore, landlords must exercise their lien rights peacefully. Landlords cannot sell their tenants' property unless they disclose their rights in writing in their written leases. Nonexempt property is non-homestead property. Texas law exempts a large amount of its residents' personal property from collections, including clothing, some furniture, medical supplies and medicine, food, family possessions and toys.
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