A Landlord's Duty to Mitigate Leases in Texas
The Texas Property Code establishes the duties that landlords have when their tenants prematurely end their leases. The code requires tenants to terminate their leases by providing written notice to their landlords at least 30 days before moving out. When tenants terminate their leases without providing proper notice, they may be liable for paying any remaining rent until their landlords are able to find replacement tenants under their duties to mitigate their damages.
Overview
Texas landlords can enter into oral or written leases with their tenants. Tenants with month-to-month leases are required to provide their landlords with at least 30 days' written notice of termination of the lease before they can legally move out without being liable for future rent payments. Texas landlords can sue their tenants for unpaid rent, may retain their security deposits and may be able to take their abandoned property, according to the Texas Property Code.
Texas Landlord and Tenant Laws
Texas law allows landlords to collect security deposits from their tenants, but they must return their deposits, minus fees to cover damages, within 30 days. Landlords can apply a tenant's security deposit to cover any unpaid rent payments in limited circumstances. A landlord can retain his tenant's security deposit if he entered into a written lease agreement with his tenant. Furthermore, a landlord's written lease must contain a conspicuous disclosure notifying his tenants of his right to keep their security deposits if they fail to pay rent or terminate their leases without providing advance written notice.
Landlords' Rights
In addition to retaining a tenant's security deposit, landlords can sue their tenants to collect their remaining rental payments. Landlords may be required to allow their tenants to sublet or re-let their apartments; and as long as tenants offer suitable replacements, their landlords must accept their replacements as part of their duties to mitigate their damages. Landlords can charge their tenants re-letting fees as long as their fees are reasonable and based on their actual rental fees.
Duty to Mitigate
A landlord's duty to mitigate means she must engage in a reasonable attempt to find a replacement tenant. A landlord cannot waive his legal duty to mitigate through written agreement, and any attempt to do so is void. However, the Texas Supreme Court has not required landlords to engage in specific activities to fulfill their duties to mitigate their damages. Furthermore, landlords may have fulfilled their duties by simply publishing newspaper advertisements looking for new tenants without actually signing leases with them.
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