What Tenants Should Know When Breaking a Lease in Texas

 Posted on October 24, 2023 in Real Estate Law

Sometimes situations happen and you need to somehow get out of a lease. Whether your reason is because of moving, downsizing, or something else, ending a contract before its term can seem impossible. With the right approach, you may have options. A Texas lawyer can help walk you through your specific situation to determine if lease termination is truly the best route or if better solutions exist. 

Review Your Lease Contract Termination Clauses

First, you will need to examine the termination provisions in your existing lease. Many contracts include negotiated clauses detailing acceptable reasons, proper notices, fees, and processes for early termination. However, termination rights are not guaranteed. Carefully review all terms related to early termination, even if they seem standard at first glance. Specific wording could provide an opening or loophole to get you out of the lease.

Know the Potential Consequences

Attempting to end a Texas commercial lease early without proper contract authorization or compliance with notice requirements can lead to severe consequences. Landlords may sue tenants for all remaining unpaid rent and damages through the end of the term. Tenants also risk losing security deposits completely, facing expensive eviction procedures, or incurring substantial breach of contract penalties imposed by the landlord. Wrongfully breaking a lease can result in daunting scenarios.

Request Permission to Terminate from the Landlord

Some Texas landlords may allow lease termination in exchange for fees or other concessions. Start by formally requesting early end-of-lease approval in writing and negotiating terms. However, landlords are not obligated, so rejection is likely.

Consider Sublet or Similar Options

Rather than breaking the lease, assigning it to another tenant or subletting space is preferable when possible. Your attorney can review clauses governing assignments and subleases to understand rights and limits. This requires locating creditworthy replacement tenants but can allow exit without breach.

Claim Constructive Eviction if Conditions Force Departure

Only in severe scenarios like unsafe premises, regulatory shutdowns, or breaches by your Texas landlord could “constructive eviction” potentially justify your need to vacate and terminate legally without required notices. However, strict evidentiary burdens apply for constructive eviction claims.

Contact a Hood County, TX Real Estate Lawyer

Terminating a commercial lease early is extremely high-stakes for tenants. Attempting to break a lease improperly can trigger devastating legal and financial consequences. Work closely with a Tarrant County, TX real estate attorney before taking action. Call Cain & Kiel Law at 817-645-1717 to see what options you may have for your specific case.