First, if you think your decision to break your lease is justified by state or local laws, document anything that could support your claim. Keep records of: Imagine moving on May 31 with nine months remaining from the term of your lease. Your landlord will list your empty rent (as required by law) and find a replacement tenant who can move in on July 1. You only owe rent for the month of June – you`re now out of trouble for the other eight months. Tenant-friendly leases may include sweeping early termination clauses that allow tenants to break leases for reasons not protected by state or local laws. However, even if allowed, state law may require sufficient notice — often 30 to 60 days — and appropriate documents, such as a formal offer of employment letter or divorce filing. Termination clauses may include situations such as: The tenant usually needs to get a court order for the landlord to stop the behavior. If the landlord violates the court order and refuses to abandon the behavior, the tenant can terminate that they will terminate the lease. You can also look at the negotiations from another angle: Could your rental break actually benefit your landlord in some way? For example, renting units in your area now even more than you are currently paying? You`ll probably be more successful if you rent from a private landlord rather than a large management company with less flexibility.
Indicate the reason why you need to terminate the lease early. Some owners let you go without conditions. If this is the case, ask for a signed statement informing you that you will be released from the rest of your lease and released from its conditions, including its financial responsibility. If a tenant or resident is the survivor of domestic violence as defined in Texas Family Code Section 71.004, they may terminate their lease early without liability by documenting the domestic violence and providing the landlord with 30 days` written notice. You will then have to get out of the rent. For detailed information on the requirements to be protected under this law, see Section 92.016 of the Texas Property Code. In most states, landlords must make reasonable efforts to re-lease units that became vacant before the lease expired. In legal parlance, this is called the “duty of the owner to mitigate damages.” Nolo has a comprehensive list of states where the obligation to mitigate damages applies and the law is less clear. If you are preparing to renew your lease and plan to move before the next renewal date, check to see if your landlord agrees to an extension period of less than one year.
Monthly is ideal, but many homeowners are not willing to take this risk. Three or six months are more common. Of course, your landlord doesn`t have to accept a shorter lease. Rent your unit if your landlord won`t let you terminate your lease or accept a buyout. You must inform your landlord in writing that you plan to find replacement tenants for whom they can check their suitability. While the California Civil Code allows landlords to charge rent for the remaining months of the lease, it also requires landlords to mitigate their damages. In other words, if your landlord, with your help, can find a replacement who meets their reasonable standards as a tenant, they must make a good faith effort to sign a lease and allow you out. Otherwise, it violates the California Civil Code by not “reasonably” avoiding undue harm.
If a member of the service signs a tenancy agreement and then receives orders requiring them to move for a period of at least 90 days, the tenant can notify the landlord in writing that they must terminate the lease. As a general rule, this notice must be given at least 30 days before the desired termination date. The tenant must also provide proof, such as a copy of the change of station order or military deployment. One of the easiest ways to resolve a broken lease is to sublet the unit for the remainder of the lease. Many leases specifically prohibit subletting, but if not, let your landlord know that you intend to sublet and advertise the place on free or cheap resources like Craigslist and Nextdoor frequented by potential tenants in your area. You can also use a service such as Roommates.com. The owners are people, and many of them are understanding. If your reason for breaking a lease is not legally covered but understandable, they may be willing to find a solution for you. If your situation prevents you from continuing to pay your rent – such as if you lost a job or your roommate moved – they will be motivated to find a new tenant for you to avoid missed payments. The more polite, grateful and honest you are, the more likely they are to make it as easy as possible for you to break a lease. However, if you don`t have a legally established reason, you may be able to break a lease, but your landlord may also impose a fine.
This could be a percentage of your remaining rent. At most, you may owe the rest of your rent for the remainder of the lease. If you don`t pay it, you could face a lawsuit, something on your credit report, and the loss of your security deposit. It`s pretty bad, but there`s a big loophole. Most states require the landlord to actively search for a new tenant to rent if you break a lease, and you are no longer responsible for the tenancy once a new tenant arrives. Check with your local housing authority to see what your state`s laws say about how to terminate a lease. A member of the Department or the parent of a Service Member who has been on duty for 90 days or more or who is ordered to permanently change stations may terminate his or her lease early in accordance with Section 92.017 of the Texas Property Code. Someone who signs a lease and then enters military service can also terminate their lease prematurely under this law. The soldier must communicate and document his military orders to the owner in writing. The effective date of termination varies depending on the circumstances, so please see the section for more details. Offer a buyout to your landlord.
Some leases include a provision that allows a tenant to pay less than the remaining rent. If you don`t have such a clause, try negotiating one with your landlord. It is important that you are honest about your intentions to sublet. Naturally, landlords tend to be wary of subtenants and, at the very least, they will subject your subtenants to the same scrutiny as any other full-time tenant. This is also in your interest, as you remain responsible for the lease and rent due even after subletting. The situations listed above are the only ones where Texas law expressly gives a landlord or tenant the right to terminate the lease early without consequences. Breaking a lease for other reasons, such as getting a new job, moving out of state for non-military reasons, not being able to pay rent, etc., is not protected by law. For all situations other than those listed above, please read the “End a lease early” box above and read your lease. Congratulations! You have managed to find a solution with your landlord.
Now, make sure you receive it in writing. The best way to do this is to prepare a document – often called a “mutual lease termination” – that outlines the details of your agreement with your landlord. This ensures that your landlord doesn`t change their mind and tries to hold you responsible for the extra rent under your original lease. Confirm that your lease is transferable before spending time and effort looking for new tenants.