Texas Apartment Law: Breaking Lease Early?

[300sniper]

I haven’t had a chance to dig into this yet, but say someone had a legit sudden medical issue where they can’t work, and can’t even walk more than about ten feet. They need pretty much full time assistance, and will for probably at least six months. They had five months left on their apartment lease.

My quick google search looked like medical issues isn’t a qualifying excuse to break a lease early in Texas. Even with notes from surgeons and doctors, the apartment still wants to charge a month for the month without notice (there was verbal notice ten days ago, but now they are saying it didn’t count), and two months rent for penalties. So basically three months of rent.

Am I missing something where medical could be a reason to terminate a rental lease early without penalty? I totally agree with paying a month because there wasn’t written thirty day notice, but the additional two month penalty is pretty steep for someone that physically can’t work.

 

[Aggie06]

Is finding someone to sublease it an option? That is probably the quickest way out without owing money.

 

[Tiha]

Texas does have different laws, but usually if they can rent the apartment right away all you will lose is your deposit.

 

[Stuck]

I haven’t had a chance to dig into this yet, but say someone had a legit sudden medical issue where they can’t work, and can’t even walk more than about ten feet. They need pretty much full time assistance, and will for probably at least six months. They had five months left on their apartment lease.

My quick google search looked like medical issues isn’t a qualifying excuse to break a lease early in Texas. Even with notes from surgeons and doctors, the apartment still wants to charge a month for the month without notice (there was verbal notice ten days ago, but now they are saying it didn’t count), and two months rent for penalties. So basically three months of rent.

Am I missing something where medical could be a reason to terminate a rental lease early without penalty? I totally agree with paying a month because there wasn’t written thirty day notice, but the additional two month penalty is pretty steep for someone that physically can’t work.

This is just what I remember from my rental days in TX.
I dont believe they can automatically charge two months rent for penalties. They are able to charge the rent for whatever part of the lease the property sits empty f they are unable to rent the property to a new tenant. If they are able to rent it out immediately they cant penalize the prior tenant by charging two months rent. So if your friend breaks the lease now and pays for November and the landlord rents it out starting on December 1st, he cant penalize your friend. On the same token if your friend pays the rent for November the landlord tecnically isnt allowed to let anyone move in before December first unless your friend agrees.

 

[bgaidan]

This is just what I remember from my rental days in TX.
I dont believe they can automatically charge two months rent for penalties. They are able to charge the rent for whatever part of the lease the property sits empty f they are unable to rent the property to a new tenant. If they are able to rent it out immediately they cant penalize the prior tenant by charging two months rent. So if your friend breaks the lease now and pays for November and the landlord rents it out starting on December 1st, he cant penalize your friend. On the same token if your friend pays the rent for November the landlord tecnically isnt allowed to let anyone move in before December first unless your friend agrees.

Really depends how the lease is worded. They can certainly have extra fees for early termination regardless of how soon the rent it back out....but I also doubt it's an automatic 2 months. The rest is true...if they lease it before the end of your lease they can't charge you nor can they lease it before your current paid month ends without crediting you.

Really depends how many unoccupied units they have. They certainly have no incentive you rent yours out early if there are other units available.


When I was in briefly in Austin and my company moved me to DFW right after I signed a 6mo lease I had the same deal. They charged me a termination fee and I had to pay the full 6 months I think....whatever it was I turned it over and maid my company reimburse me. And then they rented it out 2 months early and sent me a check for those months.

 

[Yota Up]

How is the medical tied to the apartment, they might wonder?
If someone is sick and needs special housing, that would be a good reason.
But if someone is sick and it doesn't matter where they live, then it may not pass.

Not sure how grey area you're willing to go with this, but hint if someone is threatened at the place they live, it's a good reason to move away.

 

[Kyle]

Call the manger. Lowest level.

By law you have to pay out the lease but you can offer a settlement. IE 3 months rent and you vacate now. Lose deposit and walk away. But it all depends on the mamanger and if she’s willing to go to bat.

Many complexes around here offer “discounts” to keep the market rate above the freeloaders .gov amounts but actually get tenants. Last apt we were in was probably 50% of “market rate”. Discounts for anything. Unpublished. I was a first responder, homeowner, no car liens, family of 4 etc.

 

[rockota]

people get out of leases for all kinds of reasons. Landlords have very few rights these days.

But... honor and integrity are still important. Be upfront and honest. If the landlord works with the person, great. If not, then own the commitment.

 

[300sniper]

people get out of leases for all kinds of reasons. Landlords have very few rights these days.

But... honor and integrity are still important. Be upfront and honest. If the landlord works with the person, great. If not, then own the commitment.

I’m absolutely willing to pay what we are contractually and legally obligated to. I just want to make sure we aren’t being taken advantage of out of ignorance.