Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

I have Lease apartment month .I am in the process of

Customer Question
Hi I have Lease for...
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: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 8 minutes by:
2/24/2016
Lawyer: LawTalk, Attorney replied 2 years ago
LawTalk
LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37,876
Experience: I have handled Real Estate and Landlord Tenant matters for more than two decades.
Verified

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

Ask Your Own Landlord-Tenant Question
Lawyer: LawTalk, Attorney replied 2 years 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

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37,876
37,876 Satisfied Customers
Experience: I have handled Real Estate and Landlord Tenant matters for more than two decades.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

37,876 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I have been staying in my friend's place for about three and
I have been staying in my friend's place for about three and a half for weeks. My friend ask the landlord if I could stay while she was away in sublease her place the landlord agreed to this. I have d… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
My boyfriend of 21 years and i are fighting he told me he
my boyfriend of 21 years and i are fighting he told me he had our landlord his boss take me off the lease. I still have the original and have not recieved anything from landlord. can my boyfriend do t… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
My dad is on our lease and pays 600 month out of social
My dad is on our lease and pays 600 month out of social security. He is now in a rehab home. a rehab hospital. When do we have to turn all of the social security over to the nursing home … read more
Ray
Ray
Lawyer
Doctoral Degree
33,048 satisfied customers
I went to court and won a dispossessory case against my
I went to court and won a dispossessory case against my tenant. However, my tenant filed an appeal. On the appeal it named me and my husband. Does my husband have to go to court also, or is it ok for … read more
KLAW
KLAW
Juris Doctorate
2,193 satisfied customers
I have a question about how to go about evicting someone out
I have a question about how to go about evicting someone out of my home who stayed with us. He moved out May 30th and we had no lease. We have him a 30 day notice and he came got some stuff gave us our key back and left with our house still full of his things. … read more
LegalGems
LegalGems
Juris Doctorate
12,307 satisfied customers
My caretaker theatened me, a 65yo disabled man with physical
My caretaker theatened me, a 65yo disabled man with physical violence. Now he wants me "out of here" by his decision. I called the police and reported this and they refused to arrest him. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,279 satisfied customers
Landlord doesn't want to renew the lease without any reason.
second opinion] Landlord doesn't want to renew the lease without any reason. This is a university housing apartment that is affordable for student, and I will not be able to secure any other place bas… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,878 satisfied customers
I moved out of my apartment and the manager emailed me a
I moved out of my apartment and the manager emailed me a payment due email and click on the link to view my charges I have over 600 dollars in damages no back up of anything of any of the damages char… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,509 satisfied customers
Family members are devestated after loosing mom and dads
Please help!!!! Family members are devestated after loosing mom and dads house which these hardworking people had dreams as well as their mom and dad for them to do something for there selves. The wom… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
508 satisfied customers
Can i extend the the 5 day notice to vacate from sheriff.
Can i extend the the 5 day notice to vacate from sheriff … read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,509 satisfied customers
I own a mobile home but rent the property where it is. Owner
I own a mobile home but rent the property where it is. Owner is selling property & says I have 30 days, we have month to month lease, to move. Is this proper notification ?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Lori He tried to evict, I won,but judge didn't want to hear
Hi Lori He tried to evict, I won,but judge didn't want to hear about the stress and illness this condemned building has caused, so I just heard he sold cause he is afraid of myself, my roommate and th… read more
Lori
Lori
Juris Doctor
1,587 satisfied customers
Needing a CA attorney for this please. I'm a real estate
Hello. Needing a CA attorney for this please.I'm a real estate agent and I helped my mom rent her condo. The tenant moved in mid-April. He has since gotten engaged and wants his fiance to move in. He … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
On 1/23/2016 I rented a 10 X 30 storage unit from what is
On 1/23/2016 I rented a 10 X 30 storage unit from what is now called Extra Space Storage on Acacia in Hemet, CA. At that time I gave them my address that I was moving from and the address I was moving… read more
socallegalwork
socallegalwork
95 satisfied customers
I was going to rent a house, i gave the lady first last and
i was going to rent a house, i gave the lady first last and deposit , i gave her 3300.00 to move in on june 1 2018. the home had other people in it or swuaters and do she went to court and had them re… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I have a notice to quit 3-day. For nuisance. I don't want an
I have a notice to quit 3-day. For nuisance. I don't want an eviction. I have the means to move. I'm not arguing the nuisance. What is the best thing for me to avoid hurting my credit which is perfect… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,606 satisfied customers
We live below our landlord in San francisco, ca - and they
we live below our landlord in San francisco, ca - and they have a kid that jumps up and down day and night. do we have the right to ask them to stop? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,236 satisfied customers
I am living in an apartment i had contract first year. And
HI I am living in an apartment i had contract first year … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,606 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x