The economic situations are not too promising right now worldwide, and maintaining a decent lifestyle has already become cumbersome.
Millennials are quite notorious on the issue of not being able to buy their own houses. So the best option they are left with is to rent out a place for living or taking it up on a lease.
Considering the tough financial crunches the economy is sending our way, getting an apartment or leasing a home is a good idea.
A lease is a legal contract signed by a landlord and tenant which contains all the details of the contract and terms and conditions.
This document holds legal importance in a court of law as well. The tenant becomes bound by the law to fulfill all conditions mentioned in the lease contract.
Difference between a lease and renting contract
A lease and renting contract are not much different as both are legal documents, and both are based on mutual understanding between the landlord and tenant.
The only thing that makes one different from the other is that the rental contract is mostly a monthly contract and is renewed every month, whereas a lease contract holds significance for longer periods.
Lease contracts are often based on a long time duration minimum of 1 year. The monetary conditions remain the same during the lease contract and do not change with time.
Can a lease agreement can be broken?
Lease agreements are mostly done only because they hold a factor of stability for the tenant and the landlord.
A lease contract holds significance in the court of law; hence it is not recommended that the lease should be broken. However, in case a tenant wants to move out before the lease periods end, there can be repercussions the tenant may face.
According to the Houston broken lease agreement, if a lease is broken and the tenant evacuates the premises before the agreed-upon duration. Then, the landlord can sue the tenant for recovering the remaining amount of the rent.
Circumstances when a lease agreement can be broken
Ideally, the lease contract should not be broken by either party, but there are certainly some situations where one party can break the lease if any unforeseen situations arise. For example, if a tenant wants to move out of the apartment and break the lease, he can face legal consequences from the landlord.
- Medical emergency
Sudden death in immediate family or relatives. Or any medical emergency that withholds the tenant to continue living at the leased place.
- Loss of job
In the unfortunate event of job termination. Losing the job means that tenants cannot continue to pay the agreed-upon amount of rent. In addition, Houston’s broken lease specifies that tenants will face legal consequences in leaving the place early.
- Constructive eviction
If the landlord fails to maintain upkeep with the house’s overall appearance and overall premises, Texas eviction law gives leverage to the tenant. The tenant can file a case of constructive eviction, excuse himself from any fine, and blame the landlord entirely.
- Joining military service
Another instance where the law allows the tenant to vacate the leased apartment or house early is if he is in active military service or about to join the military. Joining the military obviously refrains them from settling up in one place.
- Confrontation with the police department
Any confrontation with the state’s police department can also make the tenant break the lease early and move from the leased apartment.
What repercussions can I face if I break the lease?
Unfortunately, the law also favors the landlord if you want to break the lease and move out early. According to the Houston broken lease law, the landlord can make a legal case in a court of law and sue the tenant.
A lease is basically an agreement that makes you obligated to pay a certain amount every month to the landlord, and according to the law, it means that tenant owes the landlord that whole amount. He is payable no matter what the circumstances are.
If you are stuck in a tricky situation and want to move out of your apartment even before your lease ends, be prepared for the following actions taken against you.
- Getting sued by the landlord
In case of your early eviction from the leased apartment, the landlord reserves the right to take legal action against you.
He can either file a case with the justice department or send you a legal notice through a private lawyer.
The landlord can demand the entire rent to be paid in the legal notice, even if you want to evict the apartment.
He can also demand some amount for repairs and property damage.
If your landlord is a good soul and understands the circumstances that compelled you to break the lease, he can also forgo any extra charges and only asks you to pay one month’s worth of rent.
This only happens if you have a good repo with your landlord and maintain a respectful and healthy relationship.
- Keeping the security deposit
When leasing any property, you have to deposit a certain amount of money as a security deposit which is refundable at the time of evacuation.
If you are moving out early and breaking the lease, the landlord can also take your deposit money as damage control and give you nothing at the time of leaving.
Some steps you can take, to break the lease without facing any repercussions
Fortunately, some clauses in the tenancy law protect the right of tenants as well. So if you are finding yourself between a rut and breaking the lease before time is the only option left with you, you can take the following routes so that you cannot face any legal action.
- Assigning your lease to a new tenant
You can find a new tenant for your landlord on your own and make sure that he agrees to all the terms and conditions mentioned in the lease contract.
You will then inform your landlord that you are evacuating, but a new tenant will continue your lease agreement.
- Based on unfavorable living conditions
Another way you can break your lease without facing any legal action is by leaving based on unfavorable living conditions of the house or apartment.
Your landlord is obligated by law to make all repairs to the leased property and give you a peaceful living environment. If you vacate your house on the basis that the landlord is not making fixtures and repairs and the house is in an unsanitary condition, the landlord cannot take any legal step against you.
- Freezing the contract and not paying rent
One sneaky way of safely moving out from your leased apartment is to stop paying every month’s due rent. When you fail to pay rent for multiple months, the landlord is bound to get agitated with you.
He may make you vacate the premises himself, and you will be free from any legal restraints the lease document holds.
Property and real estate experts strongly advise not breaking the lease agreement to keep your record clean for the future.
If the circumstances are unavoidable and you are left with no choice but to move out, it’s better to discuss your options with a property expert.
The experts at rental agencies know their way around the laws and might present you with some options that can help you make a safe and secure evacuation.