Getting out of a lease earlier can be tricky, especially if you can’t afford the fees and penalties that come with breaking your lease arrangement. Besides the financial cost, leaving your landlord with an unplanned vacancy also makes them less likely to give you a positive reference. If you live in Texas, there are a few scenarios that allow you to break a lease without penalty. Here’s everything you need to know:
What are the Legal Reasons to Break a Lease?
Unsafe Living Conditions
Skip fees and penalties when your rental unit becomes uninhabitable. Responsible landlords often work with an experienced property management team in San Antonio Texas, to help maintain the stability of your rental investment. These professionals handle landlord maintenance responsibilities such as making prompt repairs, getting rid of pest infestations, and maintaining the structural integrity of the house. As a result, when these duties are neglected, the house becomes dirty or unconducive. The law allows renters to end their tenancy and leave such unsafe conditions to preserve their health and safety.
Landlord Harassment
Another reason you can use to legally end a lease is landlord harassment. However, it’s essential to note that this point only works when you’re referring to real violations of your rights and privacy. You can’t invoke it simply because you don’t like your landlord. If your property owner is guilty of acts such as repeatedly entering your house without notice, wrongfully cutting off your utilities, or changing the locks to keep you out, you have enough grounds to break the lease. Remember that proof is important in these scenarios, which means you need to document the incidents and exchanges as written evidence.
Military Service
If you’re an active military personnel, answering the call of duty could mean uprooting your family at a moment’s notice. The federal Servicemembers Civil Relief Act (SCRA), along with sections of the Texas Property Code, made provisions for active-duty military members to break their lease without penalty under specific circumstances. That means when you receive military orders for a permanent change of station (PCS) or a deployment of 90 days or more, you don’t have to worry about extra charges. However, it would be polite to talk with your property manager as soon as possible to avoid having a penalty for breaking the lease. Remember to also attach a copy of your military orders to the termination notice.
Domestic Violence
Texas law provides early lease termination rights for tenants who are victims of family violence, sexual assault, or stalking. In scenarios where such violence threatens your life and well-being, and leaving becomes necessary, you can exit your lease prematurely by giving your landlord a 30-day notice. If this notice period is shorter than what’s stipulated in your lease, you need to attach accompanying evidence to avoid being liable for early termination fees. Although in situations where the abuser is also a resident, the timeline may be shorter. In such sensitive cases, appropriate documentation includes a protective order or letters from a healthcare provider.
Code Violations
If a property has serious code violations that endanger your health or safety, you’re entitled to put your and your family’s welfare first by vacating the residence. For example, a property without a smoke or carbon dioxide detector is missing a critical safety measure. Thus, if your landlord refuses to install one after several complaints, continuing to live in that house would be putting your safety and belongings at risk. That’s why the law allows renters to terminate their lease when their landlords are unable to meet building codes and safety standards.
How to Break a Lease Without Penalty in Texas?
Provide Proper Notice
Give your landlord as much heads up as possible with a written notice. Barring extreme circumstances like domestic abuse, the standard for ending a lease early in Texas is typically 30 days. Thus, if you want to avoid penalties, it would be best to send your landlord a formal notice in writing. Include the reason why you’re terminating the lease, and remember to attach supporting evidence where necessary. For instance, if you claim the property is unsafe, attach pictures of the issue and evidence of your request to fix it.
Communicate with your Landlord
Explain your situation to your landlord as soon as possible and provide any supporting documents. In some cases, the property owner may even be willing to help you find alternative accommodation or store your items while you figure out your impromptu move. You can also offer to ease the situation by finding a replacement tenant to ensure they don’t experience a pause in their cash flow.
Role of Property Managers in Lease Terminations
Act as Mediators Between Landlords and Tenants
As intermediaries, property managers play a crucial role in easing tensions between landlords and their tenants. For example, thanks to their extensive knowledge of landlord-tenant laws, they can inform both parties of their legal rights and obligations. That means their involvement can prevent misunderstandings and encourage all parties to act according to the lease. Besides, they’re more likely to be neutral, allowing them to propose solutions that are mutually agreeable.
Help Promoting the Property for New Tenants
Property managers are also skilled at finding new tenants, which is important for rentals to reduce vacancy. By quickly finding a replacement, they reduce the financial impact of an early lease termination. This act ensures landlords experience little disruption to their cash flow, while tenants enjoy a smoother exit without the guilt of leaving their landlord high and dry.
Conclusion
Breaking a lease in Texas without penalty is possible if you meet certain legal conditions, such as dealing with unsafe living conditions, landlord harassment, military deployment, domestic violence, or serious code violations. Even with valid reasons, it’s essential to provide proper written notice and communicate openly with your landlord to avoid complications. Thus, by understanding your rights and following the correct steps, you can exit your lease legally and without penalties.
