Tenant breaking lease

[Mushtaq G.]

Hi friends,  purchased my first rental in may this year, got it rented in mid June, signed a 12 month contract with tenant, about a week ago tenant sent me an 'official' email that there is a mice/rat problem, although there were cheaper options I went with professionals who were charging me 7-8x only because this is a long term investment and I wanted to get it solved, the pest professionals sealed the attic and set traps, they followed by couple of times to remove traps and refill bait boxes, my tenant now sent me lease termination letter citing health concerns due to mice/rat problem, they paid for current sept month and said that I can keep half the deposit for Oct.

What should I do here, they have three small kids so I understand the reason for concern but I am also doing my best to solve the issue, should I go ahead and accept their termination or should I fight it out, not sure if involving lawyer is good as I am trying to make some cash flow and not lose it.. please advice also I am from Texas and would love to hear about TX law on this.

[Bart H.]

Originally posted by @Mushtaq G.:

Hi friends,  purchased my first rental in may this year, got it rented in mid June, signed a 12 month contract with tenant, about a week ago tenant sent me an 'official' email that there is a mice/rat problem, although there were cheaper options I went with professionals who were charging me 7-8x only because this is a long term investment and I wanted to get it solved, the pest professionals sealed the attic and set traps, they followed by couple of times to remove traps and refill bait boxes, my tenant now sent me lease termination letter citing health concerns due to mice/rat problem, they paid for current sept month and said that I can keep half the deposit for Oct.

What should I do here, they have three small kids so I understand the reason for concern but I am also doing my best to solve the issue, should I go ahead and accept their termination or should I fight it out, not sure if involving lawyer is good as I am trying to make some cash flow and not lose it.. please advice also I am from Texas and would love to hear about TX law on this.

 I would be inclined to tell them you have immediately addressed all pest control issues with professionals. 

I am not a lawyer, but in section 17.A 9 of the standard texas lease.

"Tenant's General Responsibilities: Tenant, at Tenant's expense, must:

pay any periodic, preventive, or additional extermination costs desired by Tenant, including treatment for bed
bugs, unless otherwise required by law;"

I would double check, but as long as you have been reasonably proactive to try and help with pest control, the tenant doesn't have the right to cancel the lease for pest issues.  I would push back a bit and tell them you will keep the damage deposit for them breaking the lease.  AND that they are on the hook for rent until the apartment is re-rented.

I think with the hurricane, you will find that anything decent in Dallas will be easy to rent.

IMO they are giving you a made up excuse, charge them for breaking the lease.