Lease Breaking Laws In Texas: Your Rights Explained

Breaking a lease in Texas can have serious implications for both tenants and landlords, so it's important to understand the legal rights and responsibilities of both parties. While tenants may break their lease without penalty in certain situations, there are also cases where doing so can result in financial penalties and legal consequences. This paragraph will provide an overview of the laws governing lease termination in Texas, including the conditions under which a lease can be broken and the potential repercussions for early termination.

Active military duty

If you are on active military duty, the laws for breaking a lease in Texas are quite clear and are governed by what is known as the Servicemembers Civil Relief Act (SCRA). This legislation is a federal law that offers protections to those serving in the armed forces, including lease termination.

Unsafe living conditions

In Texas, tenants have the legal right to break their lease without penalty if they are faced with unsafe or uninhabitable living conditions. This is governed by landlord-tenant law, which states that landlords are responsible for maintaining their property in a safe and sanitary condition. If a landlord fails to do so, tenants can take the following steps to break their lease:

• Provide written notice to the landlord, allowing a reasonable amount of time for the issue to be addressed.
• If the landlord fails to remedy the situation within the specified time frame, the tenant may be justified in terminating the lease.

It is important to note that this applies only to issues that affect the tenant's physical health or safety, and tenants must also be up to date with their rent payments and provide the necessary notice to their landlord.

Additionally, tenants in Texas have the right to request repairs in a timely manner, and landlords are legally required to keep their property in good condition. If a landlord fails to provide these repairs, tenants may be able to move out of the property without paying the remaining rent.

To summarise, tenants in Texas have legal recourse if they are facing unsafe living conditions and can break their lease early if the necessary conditions are met.

Landlord harassment or privacy violations

Landlords in Texas are prohibited from harassing tenants or violating their privacy. Such actions may justify the legal termination of a lease by the tenant.

Landlords cannot enter a tenant's home unless the tenant allows entry or the lease gives specific reasons for entry. The most common lease allows the landlord to enter the property for many reasons, including repairs, responding to a request, pest control, and showing the apartment to prospective residents. However, if the landlord is just using one of these reasons as an excuse to enter, they are violating the lease agreement and the tenant's right to privacy.

If the lease does not specify when the landlord may enter, there are only a few specific reasons for which they may do so, including making repairs requested by the tenant, routine inspections, helping with an emergency, or posting a notice of eviction.

Tenants have the right to determine who can enter the property, but they should be reasonable in allowing the landlord entry. If the tenant is home and does not want the landlord to enter, they can lock the doors. All homes must have a keyless bolting device on all exterior doors.

Landlords are also prohibited from changing the locks of their property in Texas unless the tenant hasn't paid rent or has done something illegal that attempted to harm the landlord or the property.

If a landlord violates a tenant's privacy rights, the tenant should send a written demand to the landlord, informing them of the lease violation and giving them a deadline to fix the problem. If the violation is more serious, the tenant may file a lawsuit in court and either sue for damages or ask to be released from the lease.

Domestic violence

In Texas, victims of domestic violence are legally allowed to break their lease without penalty. This protection is extended to both the tenant and any occupants living in the home with the landlord's consent. To be eligible, the tenant must provide the landlord with the following:

• A temporary injunction issued as part of a divorce proceeding that meets the terms of Texas Family Code 6.501, a protective order, or an order of emergency protection.
• Documentation of the domestic violence incident from a licensed healthcare provider, a licensed mental health services provider, or an advocate as defined by Texas Family Code 93.001.
• A written notice of their plans to terminate the lease, provided at least 30 days in advance. However, if the abuser is a co-tenant or occupant, the 30-day notice is not required.

It is important to note that tenants will still be responsible for paying any unpaid rent or other fees owed to the landlord before the termination of the lease. However, if the lease does not include specific language regarding the tenant's rights to terminate early in cases of domestic violence, they may not be liable for unpaid rent that was due at the time of termination.

Landlords who do not allow tenants to break their lease due to domestic violence or who attempt to place restrictions on the victim are subject to legal consequences. This includes a civil penalty of one month's rent plus $500, damages, and the victim's attorney's fees.

Landlord's failure to disclose management information

Texas law requires landlords to provide tenants with correct and up-to-date information about who owns and manages the property. This information must be provided within seven days of a tenant's request and can also be included in the lease agreement. If there are any changes to the disclosed information, landlords must correct this within seven days of being notified of the discrepancy.

If a landlord fails to disclose management information or knowingly provides false information, tenants have the right to break the lease without going to court. To do so, tenants must first make a written request notifying the landlord of their intention to exercise their legal remedies. They must then allow seven days for the landlord to provide the information before ending the lease.

Consequences for non-disclosure can include:

• A court order mandating the landlord to disclose the required details.
• A judgment for one month's rent plus $100.
• Coverage of the tenant's actual costs in discovering the required information.
• Reimbursement for court costs and attorney's fees.
• The right for the tenant to unilaterally terminate the lease without undergoing a court proceeding.

Frequently asked questions