Lease Termination in Texas
In Texas, a tenant cannot break a lease early after signing the lease but before moving in. However, a tenant may terminate the lease under an early termination clause, if the lease contains one. In Texas, a tenant cannot break a lease early due to buying a house unless your lease contains a clause that allows you to terminate the lease early because you’ve purchased a new home.
Breaking a lease may get expensive, as the Texas Apartment Association typically recommends landlords charge 85% of a month’s rent to cover early lease termination expenses.
A landlord in Texas has an obligation to re-key or change locks each time one tenant moves out and another moves in. Texas law allows tenants to end their leases after providing three days’ written notice to their landlords who breach the state re-key laws.
We recommend that landlords provide at least 24 hours’ notice before entering a unit, and based on other states’ models, reasonable times are defined as Monday-Friday between 8am and 6pm.
Understanding Lease Obligations
State law requires giving at least 30 days’ notice for termination. However, state law does not require notice to be given to end fixed-term lease agreements on their end date.
In Texas, a tenant is not required to provide notice for fixed end date leases, the lease expires on the last day of the lease. Texas tenants have to provide written notice for the following lease terms:
Can a landlord end a lease early in Texas? The lease may set out the exact amounts of fees that can be charged when the lease is ended early. Texas law gives the landlord or the tenant the explicit right to end a lease early in a few very specific circumstances:
Landlords must make every effort to fill the vacancy, but they are not required to rent to the first applicant.
Lease Agreements and Eviction Laws
The Texas Apartment Association Residential Lease Agreement is a legal document that provides, in writing, all of the terms and conditions of a residential rental agreement between a landlord and tenant.
Eviction Notices for Lease Violations in Texas. Most states, including Texas, have laws allowing a landlord to evict a tenant for violating a portion of the lease or rental agreement. Notice to Quit or Vacate Before a landlord can start formal eviction proceedings, they must notify the tenant about the need to fix a certain problem or move out.
If you need to move for health reasons, you can use Disability Rights Texas’ Early Lease Termination Request tool to help you write a letter asking to end your lease early.
If the landlord sells, dies, or transfers the property, the new owner is obligated to honor your lease and any other agreement you made with the original owner or management.
Understanding the Law The article states: “A landlord may shut off any utility (electric, water, wastewater, and gas) to carry out repairs or construction or in an emergency. A landlord may never shut off electricity, water, wastewater, or gas because the tenant is delinquent with a rent or utility payment.”
Section 92.001 of the Texas Property Code defines a lease as “any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling.”
A lease is essentially a contract between a landlord and a tenant. As with any contract, both parties have the right to negotiate the terms before entering into it. If the lease is in writing, Texas law requires a landlord to provide the tenant with a copy of the lease within 3 business days of signing. Be sure to save a copy of the lease!
Can you change your mind after giving 30 days notice? Know It’s Legally Binding A move-out notice may look innocent, but it is a legally binding document. Once you deliver the notice to the landlord, both you and the landlord are bound by it. You cannot rip the notice up or withdraw it, even if you change your mind.
Once that lease agreement has been signed, you and the tenant have entered a legally binding contract, whether the tenant has moved in or not. Unforeseen circumstances like a job transfer or family emergency can affect a tenant’s decision.
If a tenant changes their mind about renting before the lease term even begins, you may be left confused, wondering what to do. When the lease has already been signed by both parties, the landlord and the tenant, it may not be possible to end the lease without breaking the terms.
Assuming you’ve already signed the lease agreement, it doesn’t matter whether or not you’ve put down money on the apartment.
One thing is given; walking away from a signed lease isn’t an option. You’re bound to the contract by law. Below are some options that you can explore if you’ve had a change of mind about moving into the property you signed the lease for:
- Continue Paying The Rent Till The Landlord Finds A New Tenant. You’re bound to pay the rent throughout the lease duration.