How to Break an Apartment Lease in Texas
You can break an apartment lease in Texas but you must first read the lease agreement thoroughly to find out what exceptions it specifies. Although a lease is a legal and binding agreement, Texas law allows tenants to break the contract for specific reasons such as military transfers, family violence, unsafe living conditions or a landlord violating the agreement. You must follow the legal guidelines to break the lease to protect yourself in case your landlord takes the matter to court.
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Instructions
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Examine and read the lease thoroughly. Some leases have specific wording that makes allowances for termination. You might need the assistance of an attorney to interpret the lease before you make any moves. Decide whether you have a legal reason to break the lease and negotiate with the landlord first before taking any kind of action. Get everything in writing if your landlord agrees to terminate the contract.
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Notify your landlord in writing after you have studied the Texas property code or consulted with an attorney, and determined that you have legal reasons to break your lease. Send a certified letter to your landlord with a copy of the Texas property code allowances and any other related documents such as military orders or court documents. Make sure to put your forwarding address in the letter. Send a copy of your lease if it has clauses that justify your actions. Make copies of everything for yourself.
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Pay the rent up to date and vacate the apartment after you have solid proof of your right to break the lease. Military orders or personal protection orders do not need a waiting period--you immediately can vacate the premises after sending notice to your landlord. Other reasons might require you to consult an attorney or go to court and get a judge's approval; otherwise, your landlord can take you to court and likely win. The judge might order you to pay past due rent and court costs if he determines that you are guilty of violating the lease.
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Tips & Warnings
Your landlord might allow you to break the lease if you find a suitable tenant to take your place.
References
Resources
- Photo Credit apartment lease sign image by Aaron Kohr from Fotolia.com
