How to Terminate a Lease Agreement in Texas?

In Texas, a tenant can end a lease that has a fixed term when the term ends. So, a lease with a term of one year ends at the end of one calendar year. A tenant who plans to vacate a rental for which they have a one-year lease at the end of the year would want to advise the landlord of their intent to vacate the rental at the end of the year and not renew their lease.

There are also other legal ways to get out of a lease, but certain conditions must be met. One strategy is to end the lease in any manner that the lease itself provides, e.g., by giving notice per an early termination provision in the lease. In Texas, a tenant may end a lease doing whatever is required under any early termination of lease clause in the lease.

A lawyer consultation with a Texas lawyer would give an individual the opportunity to learn more about lease termination in Texas. It would be a good idea to have a Texas lawyer review one’s lease before they sign it. Or, if they need to end a lease before the lease term ends, they should get a lawyer’s advice. A businessperson would want to learn about commercial lease termination.

An early termination clause allows a tenant to terminate a lease early; usually, the tenant must pay a penalty for the early termination. Generally, an early termination clause allows a tenant to end a lease from 30 to 60 days after giving the landlord notice. However, a tenant should read their lease and comply with its terms.

It is important to note, however, that there is no law in Texas that requires a landlord to include an early termination provision in a residential lease. Many leases do not have them. If an individual feels that their future is uncertain and they might have to vacate their rental residence before the end of the lease term, they may want to negotiate an early termination clause with the landlord before they sign any lease.

If the term is not coming to an end and there is no early termination clause, a fixed-term lease can be ended early without penalty under one of several conditions. For example, if the landlord commits a privacy violation by entering the rental unit without giving notice to the tenant, this might give a tenant grounds to terminate the lease without penalty.

A month-to-month lease may be terminated by the giving of notice through a lease termination letter. Either party may send a lease termination letter giving the proper amount of notice, usually 30 days for a month-to-month lease. The letter should state the date on which the lease will end and when the tenant should vacate the rental. If the tenant sends the letter, they want to state the date on which they plan to vacate the rental property.

Texas law also gives a tenant the right to end a lease without penalty, if they must do so to escape domestic or sexual violence. Texas law offers protection to tenants who are victims of domestic violence, sexual assault, stalking, or sexual abuse. Of course, the tenant would have to prove to the landlord that the abuse took place.

If none of the conditions for early termination are met, the tenant is liable for the entire rent for the remaining term of the lease or until the landlord finds a new tenant.

Of course, the tenant and the landlord are always free to simply agree to end a lease early. The tenant could approach the landlord and negotiate termination. Or, the landlord might do the same. Then, the landlord and tenant would put the terms of the agreement in writing, sign their contract, and comply with its terms.

In Texas, the estate of a tenant who has passed away before the end of a lease can end a lease early without having to pay any penalty.

How Does a Landlord Terminate a Lease With a Tenant?

A landlord can end a lease early by evicting a tenant, if the tenant fails to pay rent or engages in conduct that the lease prohibits. For example, if the lease prohibits engaging in illegal activity of any kind and the tenant possesses controlled substances in the unit, the landlord can evict the tenant.

How Does a Tenant Terminate a Lease With a Landlord?

In Texas, a tenant can end a lease early without having to pay a penalty, if the rental unit has become uninhabitable. All of the following conditions must be met:

• Certain health or safety codes must have been violated, e.g., no heat is supplied in the winter.
• The tenant has alerted the landlord to the issue or issues.
• The landlord has failed to fix or remedy the violations within a reasonable period of time after receiving notice.

A lease may contain clauses or provisions that allow the tenant to void the lease. Or, if a tenant can prove that they signed a lease while under duress or as a result of a fraud of some kind, they may be able to terminate it early without penalty. A minor, i.e. a person under the age of 18, cannot enter into a lease and if they try to, the lease is not valid. The minor can get out of the lease without paying a penalty.

What Are Some Tips to Consider When Terminating a Lease in Texas?

A person wants to be sure that the conditions that justify their termination of their lease are solid under both Texas law and the terms of the lease. If the amount of money at issue is significant, then it would be a good idea to have a Texas lawyer review the lease and the facts of the situation. The lawyer could then advise a person who wants to end a lease early about how best to proceed.

How Much Is the Termination Fee for a Lease in Texas?

If a tenant does not have good legal grounds for ending a lease early, they have to pay the full rent for the remainder of the lease term. Or they would pay the rent at least until the landlord rents the unit to another tenant. If the lease provides for payment of an amount that is different than the rent owed, then the tenant would be liable to pay that amount.

A tenant who does not pay may find that their credit rating has suffered and they could be sued by the landlord. In addition, the early termination and failure to pay would appear on the tenant’s rental history. A damaged rental history can make it harder for a person to find housing in the future.

What if I Have Suffered Losses From a Lease Termination?

If a landlord has wrongly evicted a tenant and caused them economic losses, then the tenant would be able to sue the landlord for wrongful eviction.

Are There Any Defenses for a Tenant to a Lease Termination?

If a landlord has sued a tenant for vacating a lease early and then failing to pay the penalty required by the lease terms, a tenant has a couple of options. They might claim that the unit had become uninhabitable if they have proof of that. If they have proof that the landlord violated other provisions of the lease or of Texas law that regulates residential tenancies, they would claim this as a defense.

Proving that the landlord rented the unit after the tenant had vacated it, would excuse the tenant from paying rent for any period of time when another tenant lived in the unit.

Do I Need a Lawyer To Break My Lease?

If you need to end a lease early you want to talk to a landlord tenant attorney in Texas. LegalMatch.com can connect you to an attorney quickly. They can review your lease and the facts of your case and advise you as to whether you can end your lease.

If you need to negotiate the termination with your landlord, your lawyer can handle the negotiations. Your lawyer will be able to direct you to your best option.