As an experienced apartment locator serving Austin with a unique expertise, we have successfully assisted numerous renters in finding suitable apartments, even in cases where they have a broken lease on their record.
Understanding the complexities and challenges that renters face, we focus on helping individuals navigate the rental market to secure housing options that align with their specific circumstances and needs. When working with clients who have a broken lease, you can rest assured you will be leveraging our in-depth knowledge of Texas property laws and regulations to explore the best apartment options based on your preferred location and budget.
Explore 7 Statutory Rights to Terminate a Lease
Texas legislation clearly grants renters the right to terminate a rental agreement early under certain limited situations and this is only a guide. This article below is not legal advice and we are not lawyer. Should you have an legal questions about breaking your lease, please consult with your lawyer, LRS or VLS.
1. Military Service with Deployment or Restationment
According to Section 92.017 of the Texas Property Code, members of the military are entitled to break a lease before its term ends if they are called to active duty or permanently relocate, as long as their deployment period exceeds 90 days. This provision also covers the family members of military personnel and people who join the military after their lease agreement has been made.
2. Family Violence in the Home
If someone is a survivor of family violence as defined by Section 71.004 of the Texas Family Code, they have the right to end their lease early under Section 92.016 of the Texas Property Code. In this scenario, they wouldn’t be responsible for future rent or fees associated with ending the lease agreement. The individual staying in the property needs to provide the landlord with evidence of domestic violence and hand over a 30-day written notice to vacate the property before moving out of the apartment or rental house.
3. Sexual Abuse or Victims of Stalking
If an individual has experienced recent sexual assault or harassment, or if they are a victim of stalking and include their parents or guardians in the situation, they are allowed to break their lease before the agreed-upon time. The specific offenses that qualify for this provision are enumerated in Section 92.0161 of the Texas Property Code, and they must have occurred within the preceding 6 months. To terminate the rental agreement before the agreed-upon time, the tenant or their guardian needs to submit proof of the wrongdoing to the landlord and give a 30-day written notice to leave the property.
4. Death of a Tenant
When a renter who lived alone in their property dies while still living there, someone appointed by their will can end the lease early by sending property notifications. This appointed individual must issue a written letter to the landlord, following the instructions given in Section 92.0162 of the Texas Property Code.
5. Landlord’s Failure to Repair or Fix the Issue
When a tenant asks their landlord to fix an issue that greatly affects the physical well-being or security of a typical tenant, and the landlord hasn’t acted to remedy the issue(s) after going through the steps in Section 92.056 of the Texas Property Code, and the landlord still hasn’t done anything, the tenant might be able to end their lease before the agreed-upon time.
To learn more about the rights of a tenant under Texas’s “duty to repair” legislation, I suggest checking out the “Repairs” section of this manual. It offers important information on the actions tenants can pursue when faced with repair issues and their entitlements concerning property maintenance.
If you feel as though you would like to break your lease and make sure you aren’t pursued for rent from the remainder of your lease you can reach out for Austin Lawyer Referral Service (LRS) of Central Texas, Inc. They are a nonprofit service that provides a trusted source for Austin area attorney searches that may help or assist with failure to repair issues since this is a common issue we often discuss with our clients. LRS offers referrals for Travis, Hays, Williamson, and Bastrop counties.
If, however, you find yourself unable to afford a lawyer but still wish to explore a free option, consider contacting Volunteer Legal Services (VLS). This nonprofit group offers complimentary legal guidance and representation to individuals facing civil legal issues who are unable to hire a lawyer, and can be contacted through the provided link.
6. Landlord’s Neglect to Put in, Check, or Fix a Smoke Detector
Fire is lethal, and in Texas, it’s required by legislation that landlords make sure smoke alarms are properly set up, checked, and working when a tenant moves in, regardless of the county’s location. If the individual landlord or the apartment complex managed by a professional fails to meet this requirement, the tenant is entitled to ask for a smoke alarm to be installed or fixed.
Should the landlord or property manager fail to comply, the tenant can choose to end the lease without resorting to legal measures. Although this option is less common than in other tenant-landlord conflicts, the tenant is still required to formally request the landlord, clearly stating their intention to invoke their legal rights. Following this, the tenant should give the landlord 7 days to complete the installation, inspection, or repair of the alarm before moving forward with the lease termination.
7. Failure of the Landlord to Share Information About Management or Alterations
In Texas, property owners are legally bound to supply renters with precise and up-to-date details regarding the property’s ownership and operation. This obligation extends to providing this information upon receiving a written request or whenever there are any changes. If the owner fails to comply or deliberately provides incorrect information, the renter has the option to end the lease without having to go through a legal dispute. To start this procedure, the renter needs to write a letter to the owner, stating their intention to use their legal rights. Afterward, they should give the owner a 7-day notice period to provide the necessary details before moving forward with the lease termination.
Getting Approved for an Apartment with a Broken Lease Still Showing on your Record
Whether your broken lease is over 2 years and has over $1500 in active property rental debt our goal is to guide individuals through the complexities of the rental proces. Our focus on working as a second chance apartment locator service provides us the opportunity to address your specific circumstances, including the reasons for the broken lease and your current housing needs. By applying a comprehensive and empathetic approach, your apartment expert will work diligtently to identify rental properties and broke lease partments that are willing to consider applicants, ensuring that our clients have a fair chance of securing suitable housing options.
