Consumption and Real Estate
Process to break lease in Texas?
Question : Process to break lease in Texas?
I recently moved to the San Antonio area for a new job which seemed to be a great new opportunity in my life. Moved here… got a nice rental house and signed a year lease thinking nothing of it. However, nearly three months have passed and the job turned out to be a sham… nothing like they had posted (but that is for another time). I’ve considered moving back to my home state but I have some questions about the lease. Where I come from (Kansas) lease agreements have an early-termination clause that usually allows a tenant to remove all responsibility before the lease ends typically by paying some kind of fee and a penalty (such as 3x the monthly rent). I looked over the rental agreement with this property and it has an early-termination piece but doesn’t really say a whole lot.
The lease is a Texas Association of Realtor Residential Lease and the Early-Termination Clause states that the lease can be terminated under Military leave, Family Violence, or by the landlord and/or tenant securing a new tenant to lease the property.
I’ve read in other places that Texas law states that once a notice to vacate (60 day notice typically) is given that the tenant is no longer responsible for any unpaid rent…
My question is am I locked into this for the entire term or are there other ways out of this lease? I’ve tried contacting the property management company but they seem to never return my calls (seems to be a common problem with them).
Thanks!
property management san antonio
Best answer:
Answer by Elana
Why not try to find them a new tenant?
You can’t get out of the lease simply because you don’t like your job. You will have to pay a reletting fee and you will be responsible for any lost rent until the manger can find another suitable resident. Texas requires a 30 day notice and under the TAA lease you will be responsible for any lost rent until the unit leases again. Beware of sights telling you that you are not responsible for rent because they are not familiar with the TAA lease.
Now if you can bring a new resident to the manager who fits criteria and passes all the background checks then you could possibly get out of the lease but you usually have to forfeit your deposit in these cases and you could be able to get out of paying the reletting fee.However the person must meet the criteria of the apartment complex.If not then you are responsible for lost rent and reletting fees.
The only way i’ve ever seen anyone get out of a TAA lease is if they were in the military.