Legal Question in Landlord & Tenant Law in Texas

Rights of Tenants

My husband and I had a lease contract with our landlord for one year - 7-01-02 to 6-30-03. We had already leased the house for one year prior to this. We had a good relationship with our landlord and always paid promptly. But, in February 2003 my husband was laid off from his job. We notified our landlord at that time that we would be moving out (breaking our lease), and he reluctantly agreed to that at that time. We did not move out until March 31, 2003, thus giving him 1 1/2 months notice. He did start advertising the house by the middle of March. We moved out with his consent, and now 4 months later he is demanding that we pay the remaining 3 months rent (April, May & June). We explained to him when we gave him notice that we could no longer afford the rent and that we needed to lower all of our expenses. We still cannot afford to pay him the 3 months rent in question. My husband is working again, but at a third of what he previously made. It takes all of our combined income to pay rent now, and other expenses. Do we have any legal recourse?


Asked on 7/23/03, 6:03 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Rights of Tenants

If you break a lease, you are responsible for rent until the apartment is re-let and the landlord is required by law to make an effort to re-let the apartment is re-let. Additionally, if the lease calls for a re-letting fee you will be responsible for that as well. Do you know or can you find out if/when the apartment is re-let? That would cut off the liability. But you will be responsible for some amount.

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Answered on 7/24/03, 10:37 pm


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