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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am a Texas landlord and my tenant is 18 months into a 24

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I am a Texas landlord and my tenant is 18 months into a 24 month lease. I need to move back into the property if possible within the next 45 days due to a job transfer. If I give my tenant 30 days notice, am I within my legal means to end the lease early.??

PS My fiance recently inspected the property on a visit to san antonio and the home reeked of cigarrette smoke even though the lease specifically states no smoking inside the home.

Zachary D. Norris :


Zachary D. Norris :

Thank you for your question.

Zachary D. Norris :

Do you have a written lease?


yes we have a written lease



Can I send the tenant 30 days notice based on the need for myself and family to move back in?



Especially since it now reeks of smoke and the carpet will need to be replaced/walls painted, etc. The lease states no smoking inside





I see that you are offline. If you have a written lease that provides that the term of the lease is 24 months, then you cannot terminate the lease early as you are attempting.

The fact that the person has been smoking in the house is not going to be a reason for terminating the lease. It may allow you to keep the security deposit at the end, but will not be considered a material breach that will allow you to unilaterally terminate the lease.

Please remember to only rate my answer once you are 100% satisfied. If you feel the need to click either "Helped a little" or "I expected more," please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.

Best Regards,
Zachary D. Norris
For some reason your response did not post until I had switched over to the Q&A format. However, my answer remains the same. The written lease prevents you from terminating early for all reasons accept for those designated as "material breaches" in the lease, and generally that is only the failure to pay rent. I'm afraid you will not be able to terminate the lease early as you are wanting to do. Sorry I couldn't give you better news.
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