breaking the lease texas (Howe: apartments, leasing, credit)

[arthy]

According to the lease agreement if we break a lease we need to pay penalty fees apart from a 60 day notice. Does the Texas landlord's duty to mitigate law include waiving the penalty if the unit is rented out to another tenant? Is there any other way to avoid the penalty?

[reenzz]

You agreed to the penalty so, no there is no way to a avoid it. The landlords duty to mitigate does not waive or lessen the penalty.

[BLDSoon]

Originally Posted by arthy

According to the lease agreement if we break a lease we need to pay penalty fees apart from a 60 day notice. Does the Texas landlord's duty to mitigate law include waiving the penalty if the unit is rented out to another tenant? Is there any other way to avoid the penalty?

You can dispute the enforceability of the terms of any contract including a lease agreement. So start there. It is not unheard of for people to throw anything that sticks into a contract knowing full well that it is contradictory or unenforceable. Of course, the amount of money you are out should be a factor in whether this is worth your efforts.

[20Hope20]

Originally Posted by arthy

According to the lease agreement if we break a lease we need to pay penalty fees apart from a 60 day notice. Does the Texas landlord's duty to mitigate law include waiving the penalty if the unit is rented out to another tenant? Is there any other way to avoid the penalty?

Well, if it’s in the contract, you need to pay.

[RadiantBaby]

A contract is only as enforceable as the attorney fighting for or against it.

[TeamLynn]

I don't think you'll win that fight.
Apartments are excellent at separating tenants from their deposits and fees and charges.
However they'll do that because you are breaking your contract.
Many apartments don't have an early out.
Our normal house leasing contract does not have an early out clause.
Many apartments will enforce the full term of the lease, or at least try to that.
I can't tell you how many people I get that want to buy a house and break their lease. Every time I tell them to go back and check with their landlord about terminating early, and they almost always stay until the end of the term.

[Capitalprophets]

That is a tough one. Been through a very similar situation. The penalty will be waived the day new tenant moves into your apartment till then you are on the hook. I didn't have to pay any penalties but had to pay 1200$ reletting fee upfront for them to start looking for other candidates and I gave them 80 days of notice. I was constantly monitoring the website so at one point my apartment was off-listed and put back on after 2 weeks. I was under impression it was taken by someone but that person had changed their mind. The clause didn't mention anything about someone changing their mind after having signed the leased so I used that against them the fact it was once leased so I should be off the hook. They then tried to charge me for stove and stuff but I had pictures prior to moving into the apartment so walked away with having owed nothing.

[20Hope20]

It’s not worth getting a dent on credit history or trouble/attorney fee for court fight.