Breaking a lease in Texas (we rent a house)

This is a discussion on Breaking a lease in Texas (we rent a house) within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; We are currently in Texas, we rent a house last March 2012 since April we discover these are a lot ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Jun 29th, 2012, 12:01 PM   #1
Junior Member
Country:  
ttttnht's Flag is: UK
 

ttttnht's Avatar
 
Join Date: Jun 2012
Posts: 5

Default Breaking a lease in Texas (we rent a house)

We are currently in Texas, we rent a house last March 2012 since April we discover these are a lot of problems with the house, the landlord:
- No smoke alarm detectors in the house.
- The landlord still uses the address for his mails, deliveries.
- The kitchen is in the garage with the average temperature 100F
- We have to pay the water utility bill without seeing the bill. In May we receive a notice from Water Service of the city because of Delinquency: He did not pay or tell us the amount. We have to give him a check of $60.23 otherwise the service will be terminated 05/30/12.

We try to ask him to let us leave before term March 2013 (we know we will lost the deposit $1500 but we want to move out as soon as possible) without paying the "lost of rent" he just tells us the rent will be $1350 without mentioning our request.

What can we do? We can not afford the high rent even $1350 with current situation.

Thanks
ttttnht is offline   Reply With Quote
Sponsored Links
International Law Issues?
Old Jun 29th, 2012, 12:33 PM   #2
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 16,799

Default Re: Breaking a lease in Texas (we rent a house)

I wish to inform you that the rent of the house will be rent amount at which both the parties have agreed. If rent of $1350 has not been agreed upon by you then you can refuse such a rent. However, if you have agreed to this rent then you can be held liable for the loss of landlord after landlord has taken reasonable steps to mitigate his loss to bring in a new tenant after you leave the premises. In a fixed term lease the tenant has to pay the damages in case of breach of contract by early termination of lease by the tenant. On the other hand, the landlord has to ensure the premises is habitable.

AFF
AFFA is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jun 29th, 2012, 01:30 PM   #3
Junior Member
Country:  
ttttnht's Flag is: UK
 

ttttnht's Avatar
 
Join Date: Jun 2012
Posts: 5

Default Re: Breaking a lease in Texas (we rent a house)

We do not discuss about the amount of the rent, one thing we want is to move out of the house before March 2013 and we agree to lost our deposit $1500.
$1350 given by the landlord when we asked him to move out.

Any ideas how to break the lease without paying the 'lost of rent until term'? In UK all we need to ask the landlord for one or two months to move out.
ttttnht is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jun 29th, 2012, 02:57 PM   #4
Top Level Member
Country:  
goddessoflubboc's Flag is: United States
 
goddessoflubboc's Avatar
 
Join Date: Nov 2011
Posts: 3,608

Default Re: Breaking a lease in Texas (we rent a house)

Is $1350 your monthly rent or just what the LL wants to let you leave early?

In Texas he has to try and find new tenants but you pay until he does.

Are you saying you can't afford $1350 a month? What does your lease say the rent is? What does the lease say about utilities?
goddessoflubboc is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jun 29th, 2012, 04:03 PM   #5
Junior Member
Country:  
ttttnht's Flag is: UK
 

ttttnht's Avatar
 
Join Date: Jun 2012
Posts: 5

Default Re: Breaking a lease in Texas (we rent a house)

$1350 is the rent the LL offers when we told him we want to move out before March 2013. Currently we pay $1500 monthly in the lease.

"11. Utilities:
A. Tenant will pay all connection fees, service fees, usage fee, and all other costs and fees for all utilities to the property.

B. Unless provided by Landlord, Tenant must pay, at a minimum, keep the following utilities on, if available, at all times this lease is in effect: gas; electricity; water; waster water; and garbage services."

Another point about smoke detectors:
20. SMOKE DETECTORS: Sub-chapter F, Chapter 92, Property Code requires the Property to be equipped with smoke detectors in certain locations.

And in the house no smoke alarm detectors installed.







High rent is one of many reasons listed in my previous posted we want to move out mainly because of stress: receiving phone calls from deb collectors asking the LL, letters for the LL (he did not or does not want to change the address)
ttttnht is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jun 29th, 2012, 06:21 PM   #6
Top Level Member
Country:  
goddessoflubboc's Flag is: United States
 
goddessoflubboc's Avatar
 
Join Date: Nov 2011
Posts: 3,608

Default Re: Breaking a lease in Texas (we rent a house)

I think you just bit off more than you can chew. It is clear that the rent is the real issue, clearly it's what you told the ll so he offered you a discount.

If you move you are responsible for $1500 each and every month until he re rents it. Plus rent where you are living.

Have you told the LL about the smoke detectors? Tell him he is required to put them in.
goddessoflubboc is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jun 30th, 2012, 11:50 AM   #7
Top Level Member
Country:  
Friend In Court's Flag is: United States
 
Friend In Court's Avatar
 
Join Date: Apr 2011
Location: Florida
Posts: 11,731

Default Re: Breaking a lease in Texas (we rent a house)

Quote:
Originally Posted by ttttnht View Post
$1350 is the rent the LL offers when we told him we want to move out before March 2013. Currently we pay $1500 monthly in the lease.

"11. Utilities:
A. Tenant will pay all connection fees, service fees, usage fee, and all other costs and fees for all utilities to the property.

B. Unless provided by Landlord, Tenant must pay, at a minimum, keep the following utilities on, if available, at all times this lease is in effect: gas; electricity; water; waster water; and garbage services."

Another point about smoke detectors:
20. SMOKE DETECTORS: Sub-chapter F, Chapter 92, Property Code requires the Property to be equipped with smoke detectors in certain locations.

And in the house no smoke alarm detectors installed.







High rent is one of many reasons listed in my previous posted we want to move out mainly because of stress: receiving phone calls from deb collectors asking the LL, letters for the LL (he did not or does not want to change the address)
Breaking the lease because the rent you agreed to you now find too high is not adequate reason to break a lease without suffering the full penalties the law allows. The landlord is entitled to rent for the full term of the lease -- or until he rents to someone else. If he will let you off for less than a month's rental fee, then you are lucky and should take it.

It is easy to find out the water bills on a house so you pay no more than what is rightfully due. Since you are paying the bills you are entitled to know what the utility bills are and a call to the water district business office should get you the billing history on the house. You can and should ask that the bills be submitted in your name. It is customary for water bills to be paid by the landlord/owner, however, for unpaid water bills can constitute a lien against the property I would mention.

As to his mail coming to your house, you can mark it "not at this address" and return it.
Friend In Court is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jul 9th, 2012, 05:54 PM   #8
Junior Member
Country:  
ttttnht's Flag is: UK
 

ttttnht's Avatar
 
Join Date: Jun 2012
Posts: 5

Default Re: Breaking a lease in Texas (we rent a house)

Thank you for your advise (all of you).
He took our $1500 deposit and offered us the new lease 6 months with another deposit ($1350). We did not accept this offer. Regarding the water bill he told us the amount only without showing us the bill: we discover he charged us twice the same bill also we have to pay the late payment (it is not our fault,it's his).
Another thing he does not want to transfer the water bill on our name because the inspection: he remodeled his house without inspection for electricity, water,....
ttttnht is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jul 10th, 2012, 06:45 AM   #9
Top Level Member
Country:  
Friend In Court's Flag is: United States
 
Friend In Court's Avatar
 
Join Date: Apr 2011
Location: Florida
Posts: 11,731

Default Re: Breaking a lease in Texas (we rent a house)

If he did major repairs without applying for and receiving the proper licenses, did not have the repairs inspected, then the city might want to know about it. If you are ready and willing to leave, a call to the city's building department might be in order.
Friend In Court is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Aug 14th, 2012, 09:55 PM   #10
Junior Member
Country:  
ttttnht's Flag is: UK
 

ttttnht's Avatar
 
Join Date: Jun 2012
Posts: 5

Default Re: Breaking a lease in Texas (we rent a house)

Thank you for your help (All of you). We moved out of the house at the end last month.
ttttnht is offline   Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

This thread has 9 replies and has been viewed 1734 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Breaking lease, can land lord make me prepay rent? ginger Jay Landlord vs Tenant Issues 4 Dec 23rd, 2013 02:20 PM
FL law on breaking a lease and what rent is required kaykay09 Landlord vs Tenant Issues 2 Nov 22nd, 2013 08:18 AM
Breaking Lease -- I've only been here 15 days and paid first months rent Papergurl Landlord vs Tenant Issues 6 Mar 18th, 2013 07:56 PM
Breaking lease, but still paying rent. Landlord trying to re-rent at higher rate jimdim Landlord vs Tenant Issues 7 Oct 8th, 2012 06:42 PM
Breaking a Lease/Lease Void/Witholding Rent? AmberHiber Landlord vs Tenant Issues 2 Sep 8th, 2010 11:26 PM


International Law Issues?


All times are GMT -5. The time now is 04:32 PM.