Legal Question in Real Estate Law in Texas

How do I handle a tenant breaking a lease early?

I rented a home under a 12 month lease agreement in writing in May 2002. Yesterday, the tenant informed me they want to move out by the end of October 2002. He claims I offered to allow them to break the lease at any time with 30 days notice. This offer is not in the contract nor is it true. What remedy do I have? is tenant liable for rent payments until I find a new tenant or lease term runs out in April 2003, and cost of advertising property again? The mortgage on said property is substantial and I was not expecting to rent it again so soon, that' why we had a contract. Unfortunately, the contact does not specify a fee for canceling early or re-letting? Please help.


Asked on 10/07/02, 5:11 pm

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

Re: How do I handle a tenant breaking a lease early?

The lease is a contract. Usually the lease will spell out the non defaulting party's remedies. Generally for breach of contract you are entitled to your damages, which you have outlined in your question. You do have an obligation to mitigate damages, that is rerent or lease, but your lost rent, the cost of reletting, etc. would be the oblgation og the breaching party. also, most lease have a statement that the written lease is the entire agreement of the parties. Even if it does not if the lease terms are clear, evidence of an outside agreement should not be allowed. The tenant should owe you the balance of the lease plus costs of rerenting less rents you recieve during the remaining lease period. Larry Maun 713.266.2560

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Answered on 10/07/02, 5:28 pm


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