How To Break A Lease Legally In Texas

How To Break A Lease Legally In Texas

Lease termination agreements are common documents most often used by renters to  before the official end date of the lease. You as a landlord also have the ability to utilize lease termination agreements as well if the occasion should arise.

DoNotPay can help you to create, deliver, and implement a lease termination agreement that protects you and is crisp, clean, and effective without hardly any effort on your part.

Understanding Your Lease Agreement With Your Tenant Is the First Step

A lease is a legally binding document and your original agreement with your tenant is, without question, legally binding. All the details, specifics, and aspects of the original lease have been agreed upon and should be fulfilled by both you and your tenant to avoid possible legal action from developing.

One aspect of most lease agreements is a termination agreement. This is a clause that lays out the possible situations and ramifications that may result in the early  by either party.

If you have a tenant that you would like to vacate your property before the end of the original lease, be sure to check out this section of the lease to know and understand how to properly proceed with moving them out of your rental home. As long as you fulfill and respect the items in this section you should be clear of legal action.

Landlord-tenant laws describe the rights and responsibilities both landlords and tenants must follow.

Landlord’s ResponsibilitiesTenant’s Responsibilities
Maintaining properties in habitable condition — that is, a safe, livable home including a roof that doesn't leak, adequate heating and plumbing, and necessary locksNotifying the landlord of needed repairs, especially ones that may cause property damage.
Following the Lease Agreement.Following the Lease Agreement.
Make repairs in a reasonable amount of time.Paying rent and any utilities on time.
Properly handling security deposits.Abiding by the law.
Notifying the tenant if and when they must enter the property.Give your landlord proper notice if you plan to move out.
Treating tenants equally, in compliance with federal, state, and local Fair Housing regulations.Paying rent and any utilities on time.

How Do You Actually Go About Terminating the Lease?

As the landlord, you are required by Texas state law to send notice to your tenant that you will be terminating the lease early. Likewise, if a tenant wants to terminate the lease early then they too must give you notice, in accordance with the terms of the lease and state law. The notification, on the part of either party, serves to give time for the following:

  • The tenant to move out of the rental property, clean up the property, and find a new place to live.
  • All outstanding issues to be resolved include the security deposit.
  • You have time to look over the property and advertise that you are looking for new tenants to rent the property.
  • The tenant to pay back rent owed to you if that is the reason for your decision to terminate the lease early.

It's important when communicating with your tenant to be sure to be clear, concise, and to the point at all times. Any unimportant information that does not pertain to the lease termination agreement can be misconstrued or misunderstood.

DoNotPay can help you to put together a clear, applicable lease termination agreement notice that is sure to communicate your intentions in the most effective manner. When writing your lease termination agreement notice be sure to include the following information:

  1. The reason for the early termination of the lease.
  2. Whether you actually want to follow through and draw up a lease termination agreement.
  3. The date by which the tenant must move out.
  4. The date by which you will return the tenant's security deposit.

If the tenant does not vacate your property within the time frame you have laid out for them, you are within your rights to file an eviction notice with the Texas courts.

How Do You Write a Lease Termination Agreement When Breaking a Lease in Texas?

If a lease is ending early, by either the tenant or the landlord, a lease termination agreement should be put together. A lease termination agreement will protect you, or your tenant, from further legal action in the future.

This is where things can get complicated. You may not want to spend a lot of money to put together a complicated contract, however, a blank, standard contract may not do the job.

If you should decide to put together your own lease termination agreement or if you should use a pre-made contract be sure the following information is included:

  • Names of the tenant and the landlord.
  • Terms of the original lease.
  • Security deposit details.
  • Expected date for the tenant to move out.
  • The tenant's responsibilities before moving permanently from the property.
  • Be sure to include both tenant and landlord addresses and contact information.
  • Space for signatures for both parties.

Lease termination agreements can be complicated. Not to worry though, DoNotPay can help. We can help you to collect the correct information, compile it concisely, and communicate it clearly and purposefully so that both you and your tenant are clear on where you stand and what is to happen going forward. 

How Can DoNotPay Help?

DoNotPay can create the perfect lease termination agreement for you and your situation. We will generate a document, using your information and all pertinent Texas state regulations, in three easy steps. All you have to do is follow the below steps:

  1. Access your DoNotPay account using any web browser.
  2. Type in lease termination agreement in the search bar. (This step is applicable for most legal documents you may need)
  3. Include specific details you would like included in your document.
  4. Click submit.

DoNotPay will create a lease termination agreement that is clear, concise, and easy for both you and your tenant to work with and agree upon, saving you time, money, and future legal headaches. Let DoNotPay make putting together your lease termination agreement as easy as can be. 

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