Legal Question in Landlord & Tenant Law in Texas

Landlord Locked Tenant out of Apartment

Wife and I signed 8-month lease in February 2003 (to expire in October 2003). During term of lease, we were having a house built due to be completed in October 2003.

House became ready early, so we gave the landlord 30-days notice on August 1. We paid a full month's rent to cover the month of August and were prepared to pay the lease reletting fee at the end of August.

We moved out of the apartment on August 17. We contacted landlord to see if we could negotiate a reduced reletting fee since the apartment was available for re-leasing on August 17 - landlord refused any negotiation on this manner.

Since we were stuck with apartment until August 31, I decided to use it as a ''pit stop'' between home and office. On August 23, I attempted to enter apartment and found that lock had been changed. Next day, landlord informed that apartment was being prepared for re-leasing.

1. Are we still obligated to pay reletting fee?

2. Should we be refunded rent from August 17-August 31?


Asked on 8/25/03, 9:48 am

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Landlord Locked Tenant out of Apartment

You are still responsible for the re-letting fee - that is in your lease contract. You are also responsible for rent until the property is re-let. The landlord has an obligation, under the law, to make reasonable attempts to re-let the property.

You gave them notice of your intent to vacate so they had every right to take possession of the property.

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Answered on 8/25/03, 11:42 am


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