Early termination of lease by tenant – Landlords duty

In Texas, when a tenant breaks a lease the tenant is generally still obligated under the lease for the financial loss to the landlord.  There are two situations when a tenant can terminate a lease early without any additional legal obligation – military deployment and family violence.  Outside of these situations, the tenant is still obligated to the pay rent and utilities.  However, once a tenant surrenders the property (move out, turn in keys, give forwarding address, etc.) the landlord is obligated under Texas law to mitigate his damages by taking reasonable steps to find another tenant as soon as possible.  If you have terminated a lease early but you believe your landlord is not actively pursuing a new tenant, you should assert your rights by demanding the landlord mitigate his damages by re-letting the property, or make a final settlement with you.  If your landlord refuses to cooperate you might consider a more forceful approach.  A Demand Letter from an attorney is often an excellent way to get the landlord’s attention and cooperation.  A Demand Letter will state the issue, your legal rights and causes of action, and damages you will seek for the landlord’s failure to act.  A well-crafted Demand Letter from an attorney will often motivate the other party to quickly resolve the problem.   For assistance with this issue, contact Attorney Andrew Bernick at 512-763-5370 or email Andrew@BernickLegal.com.

Demand Letter via Certified Mail – $360