Some modern lease agreements may provide specific terms that would allow a tenant to terminate a lease early in exchange for a penalty fee. When you can break the lease without ramifications National and statewide fair-housing laws may allow you to break the lease. Breaking a lease is the same regardless of where you live in Texas. You must also be able to show that your disability is what’s preventing you from using and enjoying your apartment. helps protect active service members who are relocated due to deployment or permanent change of station. Code Ann. The first step in determining whether you can break your lease for medical reasons is figuring out if your condition fits the FHA’s definition of disability. Disclosure laws typically impose heavy fines or legal ramifications to landlords if they are not followed. Or perhaps you’re moving in with your boyfriend or girlfriend. After a hospitalization and a psychiatrist’s determination that it would be dangerous for the tenant to remain in the apartment, he cleaned the apartment and moved out after only three months. To get landlord approval you will want to send them a letter through certified mail, with a return receipt requested, outlining the terms of the sublet lease agreement. If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. If a lease agreement contains an early termination clause, before executing it and paying the penalty fee, read further to learn about other conditions that, if met, would not require a penalty fee to be paid. You must be part of the “uniformed services,” which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. The landlord refused to allow a tenant to end his one-year lease early because of a “crippling” mental impairment that worsened only three days after he moved in. , page 2), accompanied by a copy of the orders to deploy / PCS or a letter from their commanding officer stating their pending deployment. In Texas, if the landlord has clearly had a reasonable amount of time to repair the condition (usually seven days) and has failed to make a diligent effort to remedy the problem and you have properly followed the procedures of notifying the landlord, you may be able to terminate the lease and move out. However, your lease might contain a clause requiring you to obtain your landlord’s approval prior to subletting. Can I Break My Lease for Medical Reasons. We’ll go through each of them below. This means that if you leave your lease early and your landlord rerents the unit before your lease ends, then the rent received from the new tenant will apply to your debt. This is because under Texas law (Tex. 3 To qualify for protection, you must have a “physical or mental impairment” that significantly limits one or more major life activities. In some states, the information on this website may be considered a lawyer referral service. Texas does not have a state law that specifies the amount of notice your landlord must give you to enter rental property. This is true even if part or all of your recent economic hardship stems from a disability. Bear in mind though that it all depends on your lease agreement. Here’s a brief review of tenant rights in Texas to break a lease without further liability for the rent. Luckily, there are a few rules that allow tenants to legally break a lease. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. In Texas, lockouts are permitted (Sec. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Read over the lease and look for language that outlines agreed-upon terms for ending the lease before the end of the fixed period, such as the. In Texas, landlords can require tenants to provide proof of domestic violence status before releasing tenants from a lease. Lease Termination Notice Requirements in Texas. illegally raising the rent during the fixed period). There’re a few instances where you can legally break your lease in Texas. In these cases, landlords in Texas must follow specific procedures to end the tenancy. Texas provides tenants who are victims of domestic violence with special rental provisions for their protection. Prop. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The first step in determining whether you can break your lease for medical reasons is figuring out if your condition fits the FHA’s definition of disability.3 To qualify for protection, you must have a “physical or mental impairment” that significantly limits one or more major life activities. If your landlord rerents the property quickly, all you’ll be responsible for is the amount of time the unit was vacant. The judge denied the landlord’s request and ruled that the tenant “must have an opportunity” to convince a jury that his landlord failed to reasonably accommodate his disability.2. Remember, you have the right to terminate only if the condition materially affects the physical health or safety of an ordinary tenant, you have provided proper notices, and you are not delinquent in paying your rent. The letter should include the following information: If your landlord rejects your request, know that they can only refuse the proposed subtenant based on legitimate factors. Victim of Domestic Abuse – Show evidence of a court-mandated restraining order to immediately break a lease. Before we address the legally acceptable reasons to get out a lease early without penalty, it’s important to know the notice requirements in Texas to end a tenancy in general. Here’s what you need to know if you’re thinking of ending your lease early because your medical situation has changed. The below reasons are generally not enough justification (on their own) to release a tenant from the obligation of their lease term, and as a result, provide no legal protection against penalties for not honoring the lease. State law may provide additional rules for early termination due to active military duty. 92.0081). § § 501 and following.) Many tenants who sign a lease for their apartment or rental unit plan to stay for the full amount of time required in the lease, such as one year. Since state landlord-tenant laws vary, the following reasons may legally permit a tenant to terminate their tenancy early in other states but are not applicable in Texas: Breaking a lease for any of the above reasons or in any conditions not previously outlined can have tangible consequences for tenants. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
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