Laws on Breaking a Lease in Texas
Texas law allows tenants and landlords to enter into written or oral leases for fixed terms or for unspecified terms. To terminate a tenancy before the lease ends for a fixed-term agreement, either party must obtain the other's consent and provide written notice of termination. Texas law allows either party to terminate a monthly agreement without cause as long as one party provides the other with at least 30 days' written notice before termination.
Replacement Tenants
Tenants who do not properly terminate their lease agreements can be legally liable for the remaining rent until the lease expires. However, Texas law requires landlords to mitigate their damages if their tenants leave without proper notice. The duty to mitigate damages requires that landlords engage in reasonable efforts to find replacement tenants. Under Texas law, tenants have a right to "reletting," which is a subleasing arrangement where tenants have rights to find replacement tenants if their landlords consent. Landlords may charge reletting fees.
Notice
Texas law allows landlords to insert automatic lease renewals into their leases. Lease renewal rights gives landlords rights to automatically renew their leases if their tenants fail to provide them with at least 30 days' written notice of their intent to move out when the agreement terminates. The renewed lease automatically creates a fixed month-to-month tenancy. Either party can terminate the agreement with 30 days of notice.
Consequences of Improper Termination
Texas law requires landlords to refund their tenants' security deposits within 30 days of moving out if their tenants provided them with a forwarding address. No requirement exists in Texas for landlords to place their tenants' deposits into separate interest-bearing accounts. Landlords must also send them a written itemization of deductions within 30 days. However, landlords do not have to itemize damages if they are withholding a portion or the entire security deposit to cover unpaid rent for improper termination. Under Texas law, landlords may withhold a tenant's security deposit to cover unpaid rent if the tenant did not provide advance notice of termination. To legally withhold a tenant's security deposit, the landlord must have given her special notice in her lease agreement in conspicuous, underlined or bold font.
Justified Termination
To seek damages, landlords must file suit against their tenants for improperly terminating their lease agreements. Texas law allows unilateral terminations in limited situations. Under Texas law, landlords have a duty to rekey locks and repair lock problems within seven days of request. Tenants who provide written notice of an attempted burglary or break-in can request a change, and if their landlords fail to repair or install new locks, Texas courts may view their terminations as justified.
Considerations
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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