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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35392
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I have Lease apartment month .I am in the process of

Customer Question

Hi I have Lease for my apartment for six month .I am in the process of purchase a home and would need to break my lease with the apartment leasing company. What I am now being told is that I would be charge two months rent as a penalty for breaking my lease and i would have to pay my last monts rent.
But there is No where in the my lease agreement that states that I have to pay two months rent as a penalty for breaking my lease. DO I have to pay this? What can I do.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 9 months ago.

Good afternoon Sherma,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

No, you do not have to pay that.

The simple fact is that under Texas law you do not have the right to break your lease. If you want to terminate your lease early, you may either make an agreement with the landlord (which you tried to no success) or you can accept what the law provides if you breach the lease. Let me explain.

It is not a crime to break a lease contract, though. Under the Texas law, the landlord has a legal obligation to mitigate their damages, and will be required to re-rent the residence as soon as possible. You will only be legally responsible for the lost rent until a new tenant moves in---which could be almost immediately.

In the meantime, you shouldn’t plan on getting your deposit back unless a new tenant is found immediately. And, many landlords will argue that they expect to pay for the lease---however, most landlords are not so willing to chase a tenant who signs a lease but doesn't move it and cancels before the lease even begins. So with any luck, you will be out only your deposit.

But either way, you can only be held liable by a court for lost rent during the time that the unit is un-rented, and the landlord does have a legal obligation to seek to re-rent it immediately, as soon as you give notice that you will not be moving in.

If the units in your complex rent out pretty fast, then there is a good chance that you will not have to pay much to break the lease---and probably not nearly 3 month's worth of rent.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 9 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,

Doug