Monthly leases are very short term that can be easily terminated by the landlord or tenant. Monthly leases are those for which the initial tenancy period has expired and tenants do not rent new ones. In this case, the terms of your original lease should require that the lease be maintained on a “month-by-month” basis and may be terminated at any time by sufficient notification. There are cases where you may not want to renew a lease, but you do not necessarily want the tenant to be eliminated immediately. In these cases, Section 94.055 of the Texas Property Code requires that you issue a notice at least 60 days before the lease expires. This period applies to up-to-date rentals as well as leases that have been reissued to “month-to-month” status. A termination of the lease may also be necessary when the original contract has expired and the tenants occupy the property from one month to the next. This requires a slightly different procedure than tenants who have breached their tenancy agreement. Therefore, you must respect the exact circumstances when writing a notice of termination. Texas Lease Termination forms can be used if the landlord and tenant have agreed to terminate their lease. If there is no lease (as with weekly rentals), you can use the Texas Notice to Vacate to inform the other party in advance that you want to terminate the lease and evacuate the premises. Landlords in Texas are required to notify tenants at least one month in advance to cancel one month per month. Prepare your message for evacuation in the form of a letter using, if possible, an official letterhead.
In the letter, include the client`s name, property address and reason for termination. Include a date and time when the termination takes effect to ensure that it complies with statutory guidelines. Rent terminations resulting from a customer`s violation require notification to the Vacate. Section 24.005 of the Texas Property Code describes the communication to vacate in more detail. This is essentially a notice that you send to the tenant before filing an eviction notice. However, unjustified rental breaks mean that your tenant can be held financially responsible for any loss of rental income and the price to be paid for looking for another tenant. State Specific Forms for all types of lease termination forms and notifications. Tenants who break their lease for no definitive reason face the following risks: They can also break a tenancy agreement if the lessor violates the terms of the contract. This strategy is risky and can have other consequences. You have to take your case to court, which costs time and money.
Even if you win, other potential homeowners may be reluctant to rent you out in the future. Whether it`s ignorance of the rules or life getting in the way, tenants who break the lease are not uncommon in the state of Texas. Whatever the reason, the lease is contrary to a contract, and it is never a problem to be taken lightly. As a general rule, the Texas Apartment Association recommends that landlords pay 85% of the monthly rent to cover early rental costs. In extreme circumstances, a landlord may sue a delinquent former tenant for a previous rent. Most of these cases are heard in court of small claims with the maximum claim of $10,000. There are many reasons why Texas tenants decide to break a lease. Some reasons are legally defensible, others are not. If a tenant moves and has a legal excuse, they will not have to pay penalties and will not have to pay the rest of the rent. While these above situations are legal reasons for a tenant to break a tenancy agreement, there are many other frequent excuses that are not legally justified. Among these reasons, the easiest way to terminate a lease is to let the contract expire on the agreed date.
Most leases have provisions for what happens when a lease expires.