Legal Question in Real Estate Law in Texas

Terminate Lease

We are renting a house and signed a 2 year lease agreement. We would like to terminate the lease early. We were told that we could be held legally bound for just one year. Is this true?


Asked on 9/10/08, 8:01 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Terminate Lease

If you break your lease, the landlord has a duty to mitigate the loss. Technically you are liable for any loss to your landlord due to your breach of contract. Whether he/she does this (mitigates) or not is another question. You can either sublease and control the loss yourself, or rely on your landlord to re-let and charge you for any costs or deficiency. Alternatively, the best would be to negotiate a "lease breakage fee" where you pay a fixed amount (typically 2 months rent) and you are released from your contractual obligation. Get it in writing.

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Answered on 9/11/08, 9:31 am


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