Real estate lawyers often become inundated with disputes over leases when it comes to renting property in the state of Texas. There are sufficient reasons that enable tenants to break a real estate lease and other reasons which do not justify such an action.
First, there is no buyer’s remorse in the state of Texas. Once a lease is signed, it is binding. Tenants do not have the option of reneging on a contract a day or two after it is signed as there is no three-day grace period. Even if no money is exchanged, the lease is still binding.
There is also no ‘rent control’ laws in the state of Texas. The landlord has the right to raise the price of rent at the conclusion of the lease, but not before that time.
Landlords are responsible for making necessary repairs. However, their negligence does not give tenants the right to just up and move out. In order for the lease to be legally broken, there needs to be a court ruling that states a tenant is no longer liable for that lease. Until a tenant takes the landlord to court and obtains a ruling from a judge, the tenant is bound to that lease.
There are procedures put in place by the state in the event that necessary repairs are not made to the property. Tenants need to get familiar with those procedures and follow them accordingly. Withholding rent is deemed as a form of retaliation and could make the tenant subject to eviction. Another interesting fact is that tenants can be evicted in as little as two weeks.
Tenants who decide to break a lease on their own will still be held responsible for the remaining months rent. Yet, if there is an unsafe environment in which the landlord did not provide adequate security, there would be just cause for breaking the lease. But the tenant must still prove that the landlord is guilty of misrepresenting the property.
While the law is clear on why a lease can be broken, there remains a lot of gray areas. If you find yourself involved with any kind of dispute regarding a real estate lease, Hixson Law Firm is staffed with a team of professionals that can go to work for you. Our attorneys strive to protect the rights of residents in the Arlington, Mansfield and Grand Prairie communities.