Ending a Lease Agreement Attorney in Fort Worth, Texas
When a landlord and a tenant agree on the terms of a residential lease, a contract must be signed to provide a standard set of rules for both parties. When these rules are violated, the procedures for ending the lease should be adequately outlined and adhered to.
Generally, lease or rental agreements protect both landlords and tenants. Parties to a contract often have significant assets, time, resources, and money at stake. If either party breaks the lease, they may be held liable for breach of contract and would have to compensate the other party for damages incurred. In this case, it is highly advisable to consult with a seasoned Texas landlord lawyer to avoid future landlord-tenant disputes and real estate litigation.
Why Do I Need a Lease Agreement Attorney in Texas?
Signing a lease in Texas means a tenant is agreeing to live in your rental unit for the entire duration of the contract. In some cases, major life event changes may occur making it necessary for tenants to end a lease or rental agreement earlier than planned. When this happens, it helps to have a credible Fort Worth ending lease agreement attorney on your side.
At Girling Law, we offer a full range of legal representation to landlords and property owners in Dallas Fort Worth, North Richlands, Frisco, and its surrounding areas. We have extensive experience in helping numerous clients solve landlord-tenant issues related to leasing agreements, evictions, landlord-tenant litigation cases, and more. We can help you understand the situation, your rights, and potential remedies available. Contact our law office now and schedule an initial consultation to discuss the details of your case.
What is a Lease Agreement?
A lease is a written agreement for the rental of a property for a fixed amount of time. It defines the benefits and obligations of parties entering into a business relationship or transaction. It explains what the landlord and tenant have agreed upon regarding the length of the lease, how much the monthly rent will be, and who will be responsible for the maintenance of the rental property.
A well-prepared lease agreement can help ensure both parties’ best interests are protected, as neither can alter the agreement without written consent from the other. Terminating a lease without following the rules can land you in court and cause a negative financial impact. To ensure your rights as a landlord are protected, you should consider having a reliable Fort Worth ending lease agreement attorney on your side.
In general, rental or lease agreements include the following elements:
Names of parties involved (landlord and tenant)
Description and address of the rental property
Amount of security deposit
Amount of rent and due date of payment
Length of the lease
Whether pets are allowed
Procedure for requesting repairs or maintenance
How Does a Landlord Terminate a Lease with a Tenant?
How a landlord may terminate a lease agreement with a tenant can vary from state to state. In general, a landlord is required to send the tenant a written notice making clear that the tenancy has been terminated. State laws set out detailed guidelines as to how a landlord must write and serve an eviction notice.
Eviction notices usually order the tenant to do one of the following:
Pay Rent or Quit – Tenants must pay rent within a set time (usually 3-5 days) or vacate the rental unit.
Cure or Quit – Tenants must correct or cure a violation of the lease or rental agreement within the given time.
Unconditional Quit – Tenants must move out and vacate the premises without the chance to pay the rent or cure the violation.
If the tenant refuses to move out or fix the violation after receiving a termination notice, the landlord can file an unlawful detainer action or eviction lawsuit. A skilled Fort Worth ending lease agreement lawyer can guide you through the process of eviction.
When Can a Landlord Legally End a Lease Agreement?
In addition to the terms of the lease agreement, state and federal laws govern how and under what circumstances a landlord may end a lease. Generally, a landlord may legally terminate a lease if a tenant significantly violates its terms. Common lease violations include unpaid rent, having an unapproved pet, breaking occupancy rules, or severe property damage. A qualified ending lease agreement lawyer in Fort Worth TX can ensure that you follow the applicable state laws in your particular situation.
Most states allow a landlord to terminate a lease or rental agreement if the tenant:
Violates a clause in the lease or rental agreement
Fails to pay rent
Violates a responsibility imposed by law
What are the Common Reasons For Terminating a Lease Early?
Every state has landlord-tenant regulations that determine the reason a tenant may legally break a lease. A top-ranking Fort Worth TX ending lease agreement lawyer can help you know and understand the rights of landlords and tenants in dealing with lease agreement issues. Tenants may be able to legally move out before the lease term ends in the following situations.
In many states, a landlord’s violation of health and safety codes that create intolerable living conditions may lead to a constructive eviction. A landlord’s failure to maintain habitable housing (also called a breach of the implied warranty of habitability) might be a legally justifiable reason for leaving. As a landlord, you can avoid broken leases by keeping the property in good shape and treating your tenants with respect.
Active Military Service
In all states, tenants who enter active military service have the right to leave before the lease term ends without a penalty. Tenants called to active military duty must provide their landlord with written notice of intent to terminate the lease.
Breach of Quiet Enjoyment
If a landlord seriously interferes with the tenant’s ability to enjoy the rental, the tenant might have justifiable grounds for breaking the lease. As a landlord, you must respect the tenant’s right to quiet enjoyment. You must avoid entering the rental without