Does anyone know if there is a way to break an apartment lease in texas. I am trying to move into a new house but my apartments are asking for 2500 to break the lease. Anyone know how to get around this?
2007-02-10 09:14:41 · 4 answers · asked by david H 2 in Business & Finance ➔ Renting & Real Estate
You can't unless you negotiate it down with the management.
What you're being charged is the remainder of the rent due on the lease, and you're obligated to pay it because you signed a contract promising to rent the apt for that amount of time.
If you break the lease and pay the remaining rent they're required by law to may an effort to rent it out. They can't double dip on rent. If it's rented out before the date you're lease is up, you'd get your money back minus the rent due while the apartment was vacant.
You can try finding someone to rent and sign a new lease on your unit, that would get ya off the hook, you may still have to pay a reletting fee. Or ask them if you can sublet, have someone just take over the lease for you.
Getting evicted doesn't work, it most likely states in your lease if you're kicked out you're liable for the rent.
The only way to get out scott free is to find something wrong that makes the apt unsafe to live in and it's a long shot.
If you just move out, they can get a judgement against you in court which could be reported to a collection agency.
To Jill:
Evictions do not show up on your credit report and neither do leases, but JUDGEMENTS DO especially if they're sent to a collection agency to be collected.
If the lease is broken and no money due is paid the management will win a judgement if they seek one and that does go on your credit report. And eviction does not remove the liability of money owed on the lease, I'm looking at my TAA lease right now.
2007-02-10 12:57:38 · answer #1 · answered by Χαλαρά 7 · 0⤊ 1⤋
A lease is a legally binding contract so there are certain regulations that abide it. If you live in Texas, the property probably used the TAA lease contract, so I'll try to help with what I can since I pretty much know the TAA back and forth, I'm a leasing agent in Houston.
If you move-out early you are liable for any and all damages to the unit beyond wear and tear, as well as a reletting fee, which can be no more than 85% ofthe highest monthly rent in your lease and for all the rent until the end of your lease unless your apartment is leased before that.
In the TAA contract there's a section that states that the only reasons you can move-out early without penalty is if you have to move because of the military, like if you're in the military and are sent to Iraq, or if the onwer is in default which is really hard to show because even if you do try to sue your complex, most of the time, the complexes have really good lawyers behind them and they rarely lose a case.
You can talk to management to try to make an arrangement with them. Help them get someone else to lease your apartment or find someone to take over your lease (called subletting) and stay there until the end of the lease. In Texas, gettting a house is not an excuse for beaking a lease contract.
You are going to have to pay the relletting charge though if you leave even if you get someone else in your apartment for breaking the lease.
Don't try to get evicted because that will really hurt you in the long run because it comes up in your credit report and if you get eicted and the property wins you will be held liable for court costs plus whatever judgement the judge settles on. Evictions never help the tenant.
Any more questions email me.
2007-02-10 15:45:54 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Well, you can either stay in the apartment until the end of the lease, or pay the $2500 to get out of it. A lease is a binding contract, and can't be broken just because you have a better option.
2007-02-10 09:43:15 · answer #3 · answered by Brian B 3 · 2⤊ 0⤋
You can get evicted. Make a lot of noise. Make them throw you out. But they might not if they need/want the money. Don't trash the place or they will charge you for it.
I read what someone else wrote and evictions do NOT show up on your credit report. Only mortgages do. I used to work in financing and in real estate investing I read hundreds of reports. There are some websites that track evictions but not many... yet. You are buying a house evictions do not matter when buying, just how well you paid while you were there. If you have good credit, lenders do not even check your rental history.
2007-02-10 11:38:07 · answer #4 · answered by Anonymous · 0⤊ 2⤋