A: That was part of the agreement you made when you signed the lease. Non-payment of rent is a default. Continuing to pay the rent allows us to continue to send their monthly product to the landlord and keeps you in compliance with your rental agreement. All this is the purpose of paragraph 28 of your lease. Harassment of landlords is a serious violation of rental rights in the state of Texas. Examples of harassment of homeowners include invasions of privacy, construction-related nuisances, sending inappropriate messages, changing locks, or refusing to make necessary repairs. If you manage to find a replacement, your tenant who has terminated the lease can ultimately only be liable for a fraction of the rent remaining under the tenancy agreement. Disclaimer: This blog is not a substitute for legal advice by a qualified lawyer. If you have any further questions or need further explanation, please seek specialized legal advice or contact a property management company.
If your tenant is an active duty member, the Servicemembers Civil Relief Act will protect them from any form of penalty for breaching a tenancy agreement in Texas. However, the law only applies to uniformed service personnel. Texan tenants have rights under the government owner-tenant law. First of all, you can`t just force them away; You must have a legal reason, for example. B if you have breached the terms of the lease. Texas law allows victims of domestic violence to unilaterally terminate their lease.3 A tenant who is a victim of domestic violence should receive either a court document, such as a protection order, or a letter from a health care provider or lawyer for victims of domestic violence, and make these documents available to its landlord. , accompanied by a message that the tenant wants to terminate the tenancy agreement. If the offender does not reside with the tenant, the tenant must terminate the landlord at least 30 days before the termination of the tenancy agreement. Otherwise, the tenant can leave immediately. In short, that`s it! Once you have fulfilled your obligation, you will leave with a good rental history, you will have received your deposit refund and you will have rented on good terms.
Technically, you did not break your lease because you met the requirements of paragraph 28 of your lease. However, be aware that until the initial termination date of your tenancy agreement, you are still legally bound by law if your replacement tenant is late. In more than 20 years of experience, we have never experienced this scenario, but you must be aware of it. However, paying the remaining rent under the tenancy agreement cannot be the only cost a tenant will have to bear if they break your tenancy agreement. You can also charge them for certain expenses, such as the cost of advertising for the unit or screening new tenants. In Texas, most leases last 12 months. If you decide to terminate prematurely for no physical reason, you must maintain your end for the remaining period. For example, advance six months before the lease expires and your landlord could recover the remaining six months you owe, even if you no longer occupy the site.
Posted Apr 13th, 2021