Legal Question in Real Estate Law in Texas
Any way out?
We signed a lease for a residence. With one year left we were notified that because we had a second pet (son in military left his with us short term) We would be in violation of lease and cold be evicted. We notified agent that we would begin looking for new place (removing dog temporarily). We found a home and were able to buy,
Leasing agent sent notification they would accept our notice, gave us terms to vacate property and began showing property immediately with listing on MLS. We recieved notice that we were still liable for lease for full term until property releases.
Two concerns, how can you accept 30 notice, give vacating instructions and still demand lease payment. Second, how do we know even when property does lease they won't hold us up for lease?
3 Answers from Attorneys
Re: Any way out?
It sounds like they are allowing you to vacate, but have not agreed to termination of the lease. In that case, if you have any time remaining on the lease, you are liable for any rent they lose out on (i.e., any time in which the property is not leased out).
Once they do lease the property to someone else, your liability depends entirely on the monthly rent. If the rent they charge the new tenant is as much or more than what you would have paid during the remainder of your lease, you shouldn't owe anything for that time other than the landlord's expenses for releasing the premises.
If, however, the new tenant is paying less in rent, you will be liable for the difference for the term of your lease.
You may want to consult an attorney to discuss your rights in light of the specific terms of the lease.
Re: Any way out?
They are allowing you to leave, but keeping their legal options open
Re: Any way out?
You should look to your lease; it probably covers this situation. You should have gotten them to agree in writing that you would not be held liable for rent until the premises is rented. It sounds like they didn't agree to anything, except that you have the right to move out and keep paying rent until they get a new renter.
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