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Marsha411JD
Marsha411JD, Lawyer
Category: Real Estate Law
Satisfied Customers: 19770
Experience:  Licensed Attorney with 29 yrs. experience with Real Estate
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I am leasing a rental home, and my lease does not expire

Customer Question

I am leasing a rental home, and my lease does not expire for 6 more months. I just got a new job which is in a different city 150 miles from where I live now. Am I able to break my lease because I am moving for this employment?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. Texas landlord tenant law does not allow a tenant to terminate a tenancy for the reasons you raised. However, in Texas, the landlord has a duty to mitigate their damages from a breach of a lease. (please see the statute below). What that means is that the landlord must take reasonable steps to rerent the property. Once it is rerented, then tenant's duty to pay rent ends. If the landlord does not take those steps to try to rerent, then the tenant has a defense against a suit for unpaid rent.

This is the mitigation statute:

Sec. 91.006. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease.

(b) A provision of a lease that purports to waive a right or to exempt a landlord from a liability or duty under this section is void.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 21st. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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