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Acceptable Reasons for Breaking a Lease
What if the apartment complex is not being maintained?
You may have grounds to terminate your apartment lease and move out, but that decision will likely be made in Houston courts if the Houston complex owner disagrees. If repairs are not being made to conditions that materially affect the health and safety of the ordinary resident, and you follow the appropriate notice provisions outlined in Texas rental law, you may exercise statutory remedies that can include terminating your lease. However, you still must give written notice and you may want to get legal advice before trying to use these provisions allowed by Texas law.
What if you don't feel safe at the apartment complex?
If a crime occurs at a Houston apartment complex, it's unfortunate for all concerned: the victim, the other residents at the apartment complex and the apartment complex owner. Most Houston Texas complex owners don't give any guarantees about the security of the rental property, and don't promise you that no crimes will occur on the rental property. So the apartment complex owner is not likely to be in default of the apartment lease if a crime does occur on the rental property. However, you can certainly discuss the specific situation with the apartment complex owner or apartment management to see if they are willing to accommodate your request to move out. In some cases, you can do so, but you will likely be responsible for any charges outlined in your apartment lease for moving out early. As always, discuss the situation with your apartment manager and sometimes they are willing to give you an “out” without reporting a dreaded “broken lease” and without the exorbitant charges. In any case, get it IN WRITING.
What if you're in the military, and you're transferred out of Houston ?
Under paragraph 23 of the TAA Apartment Lease Contract, the owner is required to allow you to move out early under certain circumstances. You may terminate your apartment lease contract if you enlist or are drafted or commissioned into active service in the U.S. Armed Forces or are a member of the Armed Forces or reserves called to active duty.
These provisions may also apply to a spouse or dependent, upon application to a court, under certain circumstances. The paragraph does not apply if you knew about the change of duty station or retirement prior to signing the apartment lease, or knew that your term of enlistment would expire prior to the end of your apartment lease term; it also does not cover any residents (other than your spouse or dependents) who may be living in the same Houston apartment.
Military Requirements
(i) Must be given change-of-station orders to permanently depart the local area
(ii) Must be deployed with a military unit for 90 days or more, or
(iii) Must be relieved or released from active duty.
For more information, check out "Renting an Apartment with a Broken Lease".
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