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Updated 6 months ago on . Most recent reply

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Melissa Faraias
27
Votes |
54
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Tenant breaking the lease - Texas landlords please advise

Melissa Faraias
Posted

Hello BP community,

I am a new landlord and I recently rented out one of my properties in Houston to a family of 4. After a month of staying in the unit, the Tenant calls me to tell me that they need to break the lease because he has to relocate unexpectedly. He says that he is willing to cooperate and pay all the fees that are mentioned in the lease. I have a clause in the lease stating that " Any notice to terminate this tenancy must comply with the applicable legislation of the State of Texas (the "Act")." and "a re-rent levy fee of $500 will be charged to the Tenant". I read through the Landlord-Tenant laws regarding breaking a lease in TX, and my understanding is that he needs to give a 30 day written notice with a valid reason to terminate. Can I also charge him rent till I find a suitable tenant ( I intend to aggressively market the unit)? Do I have to return his security deposit? I do not intend to be unreasonable especially since he is willing to cooperate.  I would appreciate any advice from Texas landlords that have been in this situation before. Thank you in advance.

Most Popular Reply

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188
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Gustavo Delgado
  • Houston, TX
122
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188
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Gustavo Delgado
  • Houston, TX
Replied

Did you collect a deposit? Hopefully it was equal to one month of rent. Keep the deposit. tell them directly they have to vacate before end of the month and maybe see if you can charge some early termination fee. Hopefully they leave the place in good shape and clean so you can put it back on the market

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