We sold our home to someone who bought it as a rental property and rented it back to us while we build our house. Our new home will be ready sooner than expected and we need to terminate the lease before end of term. The landlord says he has a tenant ready to take over when we move out. I am reading through the lease and foolishly missed this section when I signed. I am struggling how to interpret it. Does anyone think the landlord is going to expect a months rent (or plan to keep our deposit) because he "found" the replacement tenant? I've asked him questions in the past and he talks circles and usually ends with "it's not my problem you don't need the house as long as you planned. You are still responsible to the end of the lease". I'm not trying to buck my responsibility but if he has zero days of vacancy, with a new lease signed, I was expecting my deposit back.

You are looking at the wrong section. That deals with subletting, roommates, etc. Find the section detailing you breaking the lease. If you break the lease, that's not an assignment.

Not that helpful either.

Just ask him, I think 50% is what you should count on and still get your deposit back as well.

That is my plan, he is just a really odd guy and said "hope this works out for everyone". Im like you have a deposit from new tenant and a signed lease, I feel like my responsibility is over. Ill pay half, whatever, I just want to be done. I texted him to call me and he said he will "later".

AgPT06 said:

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That is my plan, he is just a really odd guy and said "hope this works out for everyone". Im like you have a deposit from new tenant and a signed lease, I feel like my responsibility is over. Ill pay half, whatever, I just want to be done. I texted him to call me and he said he will "later".

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Be patient and see how it plays out.

We have let several of our tenants out of their lease early when we had someone else lined up to occupy the house. No penalty and they got their deposit back.

Talk to him about you having the house and carpet cleaned and the walls touched up. The more you do a good landlord will be more accommodating.

Planning to do all of that. We've been excellent tenants, not even calling him really for the last year. Like I said, he is just a really odd guy, and keeps talking circles when I ask him pretty direct questions. So I want to be prepared if he decides he doesnt want to give deposit back and wanted to see how others interpreted the lease.

This guy is nuts. I had no idea because we did our best to never communicate with him prior to now. We just did our best to mind our own business and kept living in the house as when we owned it. It was a great setup. But man this end is sour. He finally called me back this evening, and began by hollering on the phone that he is a busy man and that I was barking up the wrong tree asking questions. He wouldn't let me talk. He kept saying this is his business and he will charge me for every expense he sees fit and if he feels like it he can not put a new tenant in and I will just owe him the remaining rent. It's so frustrating because I was trying to have a civil conversation and be fair. I never tried to abandon or get out of what I owe him, I simply wanted him to relay what he expected so I was on the same page. He bought a house and will have zero vacant days since he bought it. Just hoping I can leave here and never hear back from him again. Wow.

Well then, he has 30 days to tell you why he kept all or part of your deposit, don't tell him that.

how many months early are you leaving ?
how much is the rent?

I'd communicate with certified mail moving forward

I would make him an offer to terminate sooner that anticipated and have everyone sign an agreement to that effect. You may have to negotiate some money to terminate.

I agree with APT. Be very careful about any verbal arrangements with the landlord. Do not do ANYTHING that is not confirmed in writing. Make a proposal to him, in writing, stating something to the effect "For a $XXX fee paid by tenant to landlord, both parties agree to amend the lease termination date to XX/XX/2023." If he has a fish on the hook, then that fee is pure profit. I've amended lease termination dates before.

Disclaimer: I'm not a lawyer and this is not legal advice.

LoneStarBQ said:

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I would make him an offer to terminate sooner that anticipated and have everyone sign an agreement to that effect. You may have to negotiate some money to terminate.

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Ha. While I was typing, yes, basically this.

18 mo lease. Lease is supposed to end 6/30. We informed him 1/3 that we planned to be out 3/1 and asked if we should find someone to sublease. He said no, his realtor would list it. He's had a few applicants but rejected them all. The. 3 days ago he texts me asking if I can be out by 2/23 bc he has someone needing it sooner than 3/1. I replied via text that we could make that work if it's a sure thing. He texts me today saying he has deposit from new tenant and needs me out by 2/23. I then ask him to call me so we can be on same page for the deposit and if new tenant will pay prorated rent for 5 days of Feb. Then he followed up with the call hollering at me.

I'm hesitant to do anything further because his last statement on the call was if I try to contact him with any further questions or comments he would kill the other deal and make me pay the last four months rent. At this point I just want out. If he keeps the deposit, so be it.

You are probably on the hook until 2/23. Send him a Modification of the lease to be over on that date and have everyone sign it.

Otherwise, you can tell him to talk to your Attorney and go through that mess but it will probably cost you more.

AgPT06 said:

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We sold our home to someone who bought it as a rental property and rented it back to us while we build our house. Our new home will be ready sooner than expected and we need to terminate the lease before end of term. The landlord says he has a tenant ready to take over when we move out. I am reading through the lease and foolishly missed this section when I signed. I am struggling how to interpret it. Does anyone think the landlord is going to expect a months rent (or plan to keep our deposit) because he "found" the replacement tenant? I've asked him questions in the past and he talks circles and usually ends with "it's not my problem you don't need the house as long as you planned. You are still responsible to the end of the lease". I'm not trying to buck my responsibility but if he has zero days of vacancy, with a new lease signed, I was expecting my deposit back.

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I know this is stressful, so best of luck with a resolution… but this guy is a moron.

This section says that if YOU find the replacement tenant, then you owe a full month's rent, but if HE finds the replacement, you only owe 50%? It's backwards. He does more effort but recoups less money?

If you get him to agree to a revised end date for the lease, then this is moot but I don't know why he would do that. You'll likely just put the "early termination" date as of 2/23, your rent should be prorated in Feb, then you should owe an additional 50% per the contract .

And yes, he's correct that he could make you pay for the remaining months and not put a tenant in there if he really wanted to.

dubi said:

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AgPT06 said:

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18 mo lease. Lease is supposed to end 6/30. We informed him 1/3 that we planned to be out 3/1 and asked if we should find someone to sublease. He said no, his realtor would list it. He's had a few applicants but rejected them all. The. 3 days ago he texts me asking if I can be out by 2/23 bc he has someone needing it sooner than 3/1. I replied via text that we could make that work if it's a sure thing. He texts me today saying he has deposit from new tenant and needs me out by 2/23. I then ask him to call me so we can be on same page for the deposit and if new tenant will pay prorated rent for 5 days of Feb. Then he followed up with the call hollering at me.

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I'd ask a lawyer, but IMO his text indicates the date you are free to move out without penalty.

Also make sure to do a video of the entire property once empty so he can't withhold any of your deposit without cause.

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A text isn't a legally binding contract and could definitely be construed as the date of early termination, not the date of a new contract end date.

Quote:

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A text isn't a legally binding contract and could definitely be construed as the date of early termination, not the date of a new contract end date.

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i wish it was binding.

At this point I know he won't sign anything. He really has no reason or benefit to. I think all I can really do is be out the 23rd and wait and see how he follows up.

Was the lease done by a realtor, or is he a member of TAR? If not, burn him for unauthorized use of the lease. Notice the line in the header.

Yeah considered this situation. I honestly can't say. We signed the lease the day we signed closing papers, so cannot say how much a realtor was involved. There is no realtor signature anywhere on the lease.

AgPT06 said:

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Yeah considered this situation. I honestly can't say. We signed the lease the day we signed closing papers, so cannot say how much a realtor was involved. There is no realtor signature anywhere on the lease.

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The realtor never signs the lease. Just the landlord and tenant.

If you give the owner notice of vacating he has a duty under the property code to try and release the property. He cannot just let the time run out and keep charging you without trying to release it. See below from the Texas Asos of Realtors.

True or False. A landlord has a duty to mitigate damages by reletting
the premises if the tenant breaches the lease by moving out early
without legal cause.

TRUE. Texas Property Code 91.006 states that a landlord has a duty to mitigate
damages if a tenant abandons the leased premises. Additionally, Paragraph 27D of
the TAR Residential Lease states that "Landlord will attempt to mitigate any damage
or loss caused by Tenant's breach by attempting to relet the Property to acceptable
tenants and reducing Tenant's liability accordingly."