If a tenant wants to move out early and break their lease for a reason other than one listed in theStatutory Rights to Terminate a Lease , they continue to owe the landlord rent under the lease. They only stop owing rent once the lease ends or a new tenant is found.
Section 91.006of the Texas Property Code describes a "landlord's duty to mitigate damages." This means that a landlord must try to find a new tenant and help reduce the amount of rent the former tenant owes under the lease. A condition of a lease that says that a landlord does not have duty to mitigate damages is void under this law.
Sometimes a landlord can't find a new tenant or the security deposit does not cover the rent that the tenant owed. In these cases, the landlord may send the tenant's debt to collections or sue them over the unpaid rent. Actions like these can make it more difficult to rent in the future. A tenant should be very careful when making a decision to end a lease early.
Ending a rental lease earlytypically makes the tenant responsible for costs like remaining rent, reletting fees, and forfeiture of the security deposit. Common consequences include paying rent until a new tenant is found, paying a lump-sum "buyout" fee, potential legal action, and negative impacts on credit/rental history.
Common Consequences of Breaking a Lease
Continued Financial Obligation:You may be liable for rent payments until the end of the lease term or until the landlord finds a new tenant, whichever comes first.
Early Termination Fees:Many leases contain a clause allowing you to break the lease early for a set fee, often 1–2 months' rent.
Forfeiture of Security Deposit:Landlords often keep the security deposit to cover damages or unpaid rent.
Reletting Fees:Costs associated with advertising and finding a new tenant may be charged to you.
Legal Action and Credit Damage:If you fail to pay, landlords may sue, send the debt to collections, or report it to credit bureaus.
How to Minimize Penalties
Review the Lease:Check for an early termination clause.
Sublet or Reassign:Ask your landlord if you can find someone to take over your lease.
Provide Proper Notice:Written notice is required, even if you are leaving early.
Negotiate:Discuss your situation with the landlord; they may be willing to work with you.
Legally Protected Reasons to Break a Lease
You may be able to break a lease without penalty under specific circumstances, such as:
Active Military Deployment:Active-duty personnel are protected under the Servicemembers Civil Relief Act (SCRA).
Health and Safety Issues:If the unit is uninhabitable or violates local housing codes.
Harassment or Privacy Violation:If the landlord illegally enters your apartment.
Domestic Violence:Many states allow victims to terminate a lease early
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The views and opinions expressed in this blog are those of the author and do not necessarily reflect the official policy or position of the HRIS.
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