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TX landlord tenant act, tenant's right to terminate lease when rental property is for sale
Austin, TX
Viewed 1041 times.
Posted about 1 year ago in Landlord / Tenant
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Rights to terminate a lease early when rental property is for sale:
I have been leasing a home for 15 months. The original lease period was 12 months and I renewed for 11 months. I’m 3 months into the renewal. I’ve just been informed that the owner is planning to sell the house. This means there will be realtor showings. I work from a home office and do not want people in the house during the day while I am working (or evenings and weekends). I have a busy schedule and three children and feel it is an invasion of my privacy to have to allow strangers into my house. The identical house is for lease directly across the street from the house I am leasing. I don’t mind moving and will most have to anyway when my lease renewal is up. Given the circumstances, can I legally terminate my lease early? I live in Texas.
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Answers (1)James Victor Esh
This attorney is licensed in Texas.
Posted about 1 year ago.
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Review your lease. Can you "legally" terminate your lease? There is nothing "illegal" in the criminal sense of terminating a lease. I assume you mean can you terminate your lease without being held liable for damages. Based on the information you have provided, it does not appear "constructive eviction" applies. The question ultimately will depend on whether the landlord has materially breached her obligations to you. The answer to that question can be answered by reviewing your lease. If you breach your lease and move out and the landlord is not found to have materially breached her obligations, you could be held liable for the remaining balance of the rent. The landlord does have an obligation to try and find another tenant to reduce her damages.
That being said, if you have not already done so, I would recommend talking to your land lord. The two of you can always come to some type of agreement, if it is not already spelled out in your lease. (e.g. hours to show the home, agreement to let you out of the lease, etc).
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