Legal Question in Landlord & Tenant Law in Texas

Ending lease in order to buy a home

I need to end a lease for my daughter who is buying a home to use while finishing graduate school landlord served an eviction notice but requires her to continue paying his rent until may. She is advertising the open apartment for the landlord at her own expense. Is there a new law that a written notice of a specified amount of time before vacating will get her out of this lease. thanks


Asked on 10/29/03, 11:55 am

1 Answer from Attorneys

Sharon Campbell Sharon K. Campbell

Re: Ending lease in order to buy a home

There is no legal right to early termination of a lease. That being said, once a lease is broken, by law the landlord has an obligation to try to mitigate its damages by trying to re-let the apartment. The landlord may not just arbitrarily charge the breaching tenant for the remaining term of the lease. The breaching tenant is responsible for rent up until the time the property is re-let in addition to any re-letting fee which may be charged in the lease.

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Answered on 10/29/03, 12:04 pm


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