Tenant was on a 20 month lease (Oct '23 - June '25) on a single family home/Texas. He "talked about" the possibility of an early lease termination 6 months into his lease Apr '24 due to a new high paying job he found in another town. I briefed him on the procedure of early move out. There wasn't a firm decision that he made at that point in time, hence things were undecided and unsettled. and not at any point in time, Tenant sent a written letter of move out intent/notice until recently, mid-August '24, when I got the first written "move out notice" from him via "email" that he ll vacate the house on Sept 01 and that the payment will be left on the counter.

There wasn't a payment left. When I checked in, Tenant expected me to list the property back in April '24 when he verbally conveyed a possibility of early move out. I tried to justify that I could not have without a receipt of written notice from tenant by law and payment of early lease termination fee; (the protocol was shared with him back in April). He moved out in the first week of Sept but started defaulting on rents from Sept and didn't pay early lease termination fee (which is 85% of rent). Considering the fact the prop is vacant at "not so ideal" time of the year to be re-leased.

What are my options? With the tenant already moved out, it does not makes sense to me to file an eviction against. Would you agree? is this classified as "abandonment"? Need help getting clarity on the best path to take. and would like to be briefed on the recommended path on best next steps. Thanks so much.

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Snippets from our lease agreement:- (if helpful)

VII. EARLY MOVE-OUT

Tenant will be liable for a reletting charge of $2363 (85% of the monthly rent) if Tenant: (A) fail to move in, or fail to give written move-out notice; (B) move out without paying rent in full for the entire Lease term or renewal period; (C) move out at Landlord’s demand because of Tenant’s default; or (D) are judicially evicted. The reletting charge is not a cancellation fee and does not release Tenant from Tenant’s obligations under this Lease.

Not a Release: The reletting charge is neither a Lease cancellation nor a buyout fee. It is a liquidated amount covering only part of Landlord’s damages—for Landlord’s time, effort, and expense in finding and processing a replacement resident. Tenant agree that the reletting charge is a reasonable estimate of Landlord’s damages and that the charge is due whether or not Landlord’s reletting attempts succeed. If no amount is stipulated, Tenant must pay Landlord’s actual reletting costs as far as they can be determined. The reletting charge doesn’t release Tenant from continued liability for future or past-due rent; charges for cleaning, repairing, repainting, or dealing with unreturned keys; or other sums due.

VIII. ASSIGNMENT, SUBLETTING

The Tenant may not assign this Lease or sublet (or sublease) all or any portion of the Premises without the Landlord’s prior written consent. The Landlord may consider all factors in granting or withholding such consent, including the potential assignee’s or sublessee’s financial and credit history or lack thereof.

When allowed:

- All subletting individuals are required to submit an application to the Landlord for evaluation and screening.

- Landlord reserves all rights to reject any or all applicants that does not meet the selection criteria set by the landlord.

- a reletting charge of 85% of a month’s rent is payable by the departing Tenant

- Rent for all the time period till a new resident is found (either by the Landlord or by the Tenant who is approved by the Landlord), is payable by the Tenant without any exception.

- the departing and remaining residents will remain liable for all Lease obligations for the rest of the original Lease term.

When not allowed:

- The entire outstanding balance including repairs, utility, unpaid bills and other charges and the outstanding rent for the lease duration is due immediately.

XV. DEFAULTS

Tenant will be in default if: (A) the Tenant don’t timely pay rent or other fees and charges they owe; (B) Tenant or any guest or occupant violates this Lease, property rules, or fire, safety, health, or criminal laws, regardless of whether or where arrest or conviction occurs; (C) Tenant abandon the property;

....

When Tenant is in default, the Landlord has the option to declare the entire balance (all outstanding balances including but not limited to invoices, rent, cost due to damages/abandoning the property) payable hereunder to be immediately due and payable; the Landlord may exercise any and all rights and remedies available to Landlord at law or in equity and may immediately terminate this Agreement.

XVI. EVICTION

If Tenant default or hold over, the Landlord may end Tenant’s right of occupancy by giving Tenant at least a 24-hour written notice to vacate. Notice may be given by: (A) regular mail; (B) certified mail, return receipt requested; (C) personal delivery to any resident; (D) personal delivery at the property to any occupant over 16 years old; (E) electronic mail delivery to the email address used by the Tenant to submit the lease application. Termination of Tenant’s possession rights or a later reletting doesn’t release Tenant from liability for future rent or other Lease obligations. After giving notice to vacate or filing an eviction suit, Landlord may still accept rent or other sums due; the fling or acceptance doesn’t waive or diminish our right of eviction or any other contractual or statutory right. Accepting money at any time doesn’t waive our right to damages, to past or future rent or other sums, or to our continuing with eviction proceedings. In an eviction, rent is owed for the full rental period and will not be prorated. In eviction suits, each Tenant(s) is considered the agent of all other Tenants in the Premise for service of process.

XVII. ACCELERATION

Unless Landlord elects not to accelerate rent, all monthly rent for the rest of the Lease term or renewal period will be accelerated automatically without notice or demand (before or after acceleration) and will be immediately due and delinquent if, without Landlord’s written consent:

(A) Tenant move out, remove property in preparing to move out, or Tenant or any occupant gives oral or written notice of intent to move out before the Lease term or renewal period ends; and

(B) Tenant haven’t paid all rent for the entire Lease term or renewal period. Such conduct is considered a default for which Landlord need not give Tenant notice. Remaining rent will also be accelerated if Tenant are judicially evicted or move out when Landlord demand because Tenant have defaulted.

Austin, Texas

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