Texas Law : ezLandlordForms

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Curtis B

started a topic about 12 years ago

Hello, My sister is renting a unit in Texas and is going to be breaking a lease, she is giving 60 day notice and understands it will cost her some money. The company she is renting from's policy is that she pay a $850 fee before they will look for a replacement tenant, she loses her $850 deposit, is responsible for any rent through end of lease till they find a new Tenant and of course any damages. To me this is excessive, is anyone familiar with what texas judges will allow? She wants to be reasonable and understands that this will cost her. Thanks, Curtis B.

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Bob R

said about 12 years ago

What does her contract state about breaking the lease?

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Curtis B

said about 12 years ago

The wording of the fee is there but I don't see any wording on the deposit forfeited. I know here in Indiana if a lease is to onesided a judge will not uphold parts of it. I was just unsure if anyone knew what rules are like in Texas. For instance in indiana, my county at least, your not going to get more than 10% late fee no matter what your lease states.

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Bob R

said about 12 years ago

Check this out. http://www.ehow.com/info_12088175_landlord-rights-after-tenants-break-lease-texas.html -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data

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Curtis B

said about 12 years ago

Thanks Bob.

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Curtis B

said about 12 years ago

Bob, Thanks, the part about losing her deposit wasn't stated in the lease and they quickly backed down on it when she asked if that was there policy or the state law. She is paying the fee and will pay rent till they find a new tenant. But I felt like they were double dipping with a penalty equal to 2 months and her being willing to pay till they found a new tenant Curtis

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Bob R

said about 12 years ago

Just make sure that she gives them written Notice to Vacate, Certified Mail. They should have no problem finding someone in 60 days. She owes you a big hug :-)