Landlords are not required to accommodate tenants’ sudden inability to pay the rent in full and on time.

This is because Texas requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms. The law considers a “major life activity” to include things like seeing, hearing, walking, performing manual … It’s about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law.

If a landlord violates the terms of the lease agreement, it may be enough justification to break the lease and relieve the tenant from their own obligations (i.e.

You must also be able to show that your disability is what’s preventing you from using and enjoying your apartment. If you decide to terminate the lease, you must inform the landlord in your second written notice that you will terminate the lease unless the condition is repaired or remedied within a reasonable period of time (presumably seven days). We’ll go through each of them below. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live. Once the notice is delivered, the earliest the lease can terminate is 30 days after the beginning of the next rent period, 4.

If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term.

If your medical situation starts to interfere with your apartment living, you might want to relocate somewhere more accessible (or even move in with relatives or a live-in caregiver). equal to 2 month’s rent) and the amount of notice required (i.e. Victim of Domestic Abuse – Show evidence of a court-mandated restraining order to immediately break a lease. The law considers a “major life activity” to include things like seeing, hearing, walking, performing manual tasks, caring for yourself, learning, and speaking. In some states, if the locks are changed by a landlord without the tenant’s permission or without the protection of specific language in the lease agreement, this can qualify as being “constructively evicted”, and could relieve the tenant of their duties of the lease. § 24.005) before filing an eviction lawsuit.

1996).

If you decide you need to vacate your apartment early for medical reasons, you must communicate your intent clearly to your landlord.

In these states, you're on the hook for the entire amount of the rent due under the lease whether you live in the apartment or not. State laws are often different in different states.

§ 91.006), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. § 92.0161) provides early termination rights for tenants who are victims of sexual assault or stalking, provided that specified conditions are met (such as the tenant securing a protective order). Certified mail is the only proof of delivery that most courts will accept in case you need proof that you notified your landlord.

But federal and state fair housing laws may allow you to do just that. You’re a victim of stalking or sexual assault. The first step in determining whether you can break your lease for medical reasons is figuring out if your condition fits the FHA’s definition of disability. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires. The protection begins on the date of entering duty and ends between 30-90 days after the date of discharge. The below reasons are generally not enough justification (on their own) to release a tenant from the obligation of their lease term, and as a result, provide no legal protection against penalties for not honoring the lease. Many tenants who sign a lease for their apartment or rental unit plan to stay for the full amount of time required in the lease, such as one year. If your lease does not prohibit subletting, then you are in the clear to do so. helps protect active service members who are relocated due to deployment or permanent change of station.

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