Legal Question in Landlord & Tenant Law in Texas

Unilateral Termination of Lease

I presented my apartment complex with a letter requesting the name and address of the property owner so that I could complain about the management company. It has now been two months and still no information. The way I read Texas Property Code Section 92.205, since they did not comply within seven days I am entitled to a ''unilateral termination of the lease without a court proceeding.'' What exactly does this mean, and how exactly do I do this? Do I need to give them 60 days notice, or do I just hold on and do it right when I'm ready to leave? And if I tell them I am terminating the lease, can they simply say, ''No you aren't'', and if so what do I do then? I would hate to sign a lease with another apartment complex and line up movers and then not be able to get out of the lease after all. Thanks for the help.


Asked on 10/29/07, 11:41 am

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Unilateral Termination of Lease

The law says if the landlord does not comply with the request, you can unilaterally terminate the lease. However, I have never seen a landlord honor a lawfully terminated lease. What you need to do is send a letter stating that due to their failure to comply with the law, consider this notice that you are terminating the lease by law effective whatever date you want to make it effective. You can say it is effective upon receipt. Send it certified mail, return receipt request. Be sure to pay rent for the period of time you live there. When you move, take detailed pictures so you can show you left it in good condition. Send them a notice where to send your deposit. They will send you a deposit accounting claiming that you broke the lease and owe them a lot of money. That is when you want to contact a lawyer to file suit. Once suit, is filed, they usually settle, but you will need to file; otherwise they will put this on your credit report.

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Answered on 10/29/07, 10:48 pm


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