How to Get Out of an Apartment Lease in Texas
Apartment leases in Texas are usually prepared on a standard lease form from the Texas Apartment Association. Under the TAA lease, after the initial lease period, the lease renews from month to month. If a tenant wants to break an apartment lease during the initial lease period, a careful reading of the lease may reveal valid ways to break the lease. After the initial lease period, 30 days notice is the standard to break a month-to-month lease.
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Instructions
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Talk with the apartment manager or landlord. Communication is your ally, and there are often solutions to problems that would cause you to want to break the lease. Discuss the issues, but do not consider this as your official notice to the landlord, as it is not.
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Read the contract. The lease controls the transaction, as made clear in Section 33 of the standard lease. Almost every notice or request from a tenant must be in writing and signed by the tenant. If you want repairs, request them in writing and sign the request. If you want to sublease, ask permission in writing (this can be denied).
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Know the four basic reasons for breaking a lease in Texas. Military service requirements, domestic violence, failure of the landlord to provide habitable quarters and failure of the landlord to provide quiet enjoyment. In each instance, the landlord must be notified in writing.
Report a military change or deployment in writing to the landlord. Texas apartment leases have a military clause that allows a member of the military to break a lease for change-of-station, deployment or release from active duty.
Report domestic violence to the landlord in writing as this can be a basis for breaking an apartment lease in Texas. A police report or restraining order may be required, and this provision may not be in your lease.
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Report in writing a default by the owner for failure to maintain the fixtures or heating and air conditioning, or if repairs or remedies are not undertaken within a reasonable time. If you believe the landlord has not performed under the lease, you must make a written request, a second request and a final written notice. Alternatively, one certified or registered mail request suffices for the first two.
Report noise, hazards, malfunctions, entry or failures by the landlord in writing and give the management “reasonable time” for correction; otherwise, this will not be a cause for breaking the lease.
Give advance written notice before moving out and understand that there is no guaranteed acceptance.
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Understand the consequences of an early move out without military deployment or other valid reasons for breaking the lease. You are required to be current on the rent. If you do not meet conditions for early termination, a charge of up to 85 percent of a month’s rent is the re-letting charge. If there are many months left on the lease, the landlord has an obligation to attempt to lease for the duration to mitigate damages. A landlord cannot collect rent from more than one party. Under most circumstances you have no obligation under the contract once the landlord leases the apartment.
If you attempt to lease within the state in the future, early move-out or eviction will often cause landlords to deny acceptance of your application. Do not fail to pay in full and wait for the return of your deposit; otherwise, your credit record may reflect the non-payment.
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Tips & Warnings
Contact an attorney if you need legal advice.
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