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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In North Austin Texas can an 88 yr old lady that just had a

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In North Austin Texas can an 88 yr old lady that just had a stroke, spent 3 weeks in rehab, needs to move closer to family in South Austin break her apartment lease? The management company said no or pay $1500 to $2500 and then yes.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Legally in Texas, there is not statutory provision to allow an elderly sick resident the right to breach a lease, the only provision for willful breach in Texas is domestic violence. Thus, any agreement to allow a tenant to breach a lease without penalty is purely at the discretion of the landlord (management company in this case) and if the landlord is willing here and is now saying yes, get this in writing so they cannot coma back at you later and seek damages from her for the breach of the lease. Of course, for breach, even if they do allow her out without paying money, they can keep the security deposit legally based on the breach of the lease, so negotiate that with them as well.

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