Legal Question in Real Estate Law in Texas

When you have to break a lease...

My mother is having to move in with us because she can no longer afford her apartment. She just signed a 13 month lease in March. We realize that she is legally responsible for the rest of the lease amount, but can we legally wait until the lease period is over (April 2003) and pay just the difference of what she would have paid versus what the new tenant will have paid? She can't afford to pay the rent - that's why she's moving - but doesn't want to do anything illegal. The apartment complex is now ~93% occupied and new rents are a lot higher than what she is now paying in her lease.


Asked on 4/19/02, 12:30 am

1 Answer from Attorneys
Lawrence Maun Lawrence J. Maun, P.C.

Re: When you have to break a lease...

The lease is a contract. If your mother quits paying she is in breach of the contract, but she has not done anything illegal. Yes, she can move out. The landlord has an obligation to mitigate damages and thus to relet the apartment. However, you lease probably not only requires that your mother pay rent but if she defaults pay the cost to the landlord of reletting and the landlords costs of collection including attorneys fees. Still it would probably be cheaper to have her move out rather than paying rent for a year on a place she doesn't need. Larry Maun 713.266.2560

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Answered on 4/19/02, 10:31 am


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