Legal Question in Landlord & Tenant Law in Texas

lease termination

I signed a lease on July 2nd to join two other guys currently living in a house. A family matter came up and I needed to get out of my lease, so that I can take care of a family member. I tried notifying my landlord on July 30th and 31st, by phone to discuss what action to take. I went to his work on Aug 1st and found out he was on vacation. I ended up sending him an e-mail on Aug 2nd. He is telling me I am going to have to pay for August and September's rent along with the termination fee.

I have never moved into the house. My roommates were already living there prior to signing the lease. Also, before I signed the lease, my landlord informed me that if a circumstance came up and I needed to get out of my lease it would not be a problem.

I decided to not pay my portion of the rent until I sit down with him when he returns from his vacation. Am I wrong? The first months rent was paid in three separate checks even though in the lease we are supposed to pay with one. Do I have to pay the termination fee, considering I have never even moved in and it was still within 30 days of signing my lease? Am I responsible for both August and Septembers rent, when I will not even be in the house?


Asked on 8/05/07, 9:49 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: lease termination

You signed the lease, promising to pay rent each month for the period of the lease. Just because you need to get out of the lease, doesn't give you a legal right to do so. If the landlord will let you out for less than the full obligation of the lease, be thankful because he does not have to.

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Answered on 8/06/07, 12:34 pm


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