Texas courts allow landlords to collect “reletting” fees that are the lessor`s expenses resulting from an early termination of the lease.1 Although there is no specific Texas law that determines the amount of these fees, excessive fees, which have nothing to do with actual early termination fees, may be waived by a court. Tenants should consult a lawyer if they feel that their tenancy agreement carries an unusually high penalty for early termination. As a general rule, the Texas Apartment Association recommends that landlords pay 85% of the monthly rent to cover early rental costs. In extreme circumstances, a landlord may sue a delinquent former tenant for a previous rent. Most of these cases are heard in court of small claims with the maximum claim of $10,000. You can also break a lease if the owner violates the terms of the contract. This strategy is risky and can have other consequences. You have to take your case to court, which costs time and money. Even if you win, other potential homeowners may be reluctant to rent you out in the future. Unlike many states, Texas law actually allows a tenant to unilaterally terminate a tenancy agreement when a landlord has failed to maintain the rental unit in good condition.2 If a landlord does not repair the injury within a reasonable time – usually seven days in Texas – a tenant can legally terminate his tenancy agreement.
However, unjustified rental breaks mean that your tenant can be held financially responsible for any loss of rental income and the price to be paid for looking for another tenant. The Texas Lease Termination Letter Form (30-Tage- Mitteilung) is a legal document that can be completed and delivered by a landlord or tenant to respond to a 30-day notice on the evacuation of a rental property. Once the document has been notified, the person notified as these the sender, as compliance with the instructions on the agreement to provide a 30-day notice before vacating the premises. The Texas courts recognize what is known as a “mitigation duty.” 9 This means that if a tenant terminates a rental agreement prematurely and cleans a rented apartment, the landlord has a duty to try to rent that unit to a new tenant. If the landlord does not seek to find a replacement tenant, he cannot sue the vacant tenant on the unpaid rent. Note that a landlord is not obligated to find a new tenant – just to do a careful search of a Texan landlord.10 Texan landlords have a responsibility to provide their tenants with a safe and habitable rental unit.