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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55442
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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In Texas, if the landlord terminates the lease due to

Customer Question

In Texas, if the landlord terminates the lease due to default by the tenant, is the tenant responsible for the rent for the remainder of the term
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Richard replied 12 months ago.

Good morning Carl. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Customer: replied 12 months ago.
OK. Thanks
Expert:  Richard replied 12 months ago.

The tenant is responsible for the unpaid rent for the remainder of the term SUBJECT TO the landlord's duty to mitigate. What that means is that even the tenant was in default, the landlord has a legal affirmative duty to mitigate the damages by using reasonable efforts to re-lease the property. Once the property is re-leased, or if the landlord does not use reasonable efforts to re-lease, the tenant would then be off the hook for further obligation. BUT, the tenant is responsible for the costs to the landlord of re-leasing the property.

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