Houston Landlord / Tenant Attorneys

The general rule regarding most lease-related questions is that the terms of the lease are usually binding. If you have any questions regarding a lease, whether commercial or residential, the first place you should look is to the lease itself. Wilhite & Lea, P.C. real estate attorneys are experienced at evaluating clients lease terms and agreements. Contact us if you are a landlord or tenant seeking legal representation throughout Harris County including Houston, Northwest Houston, Champions, Spring, Tomball, Klein, the FM 1960 area, as well as The Woodlands and Conroe in Montgomery County.

Breaking a Lease or Subletting

A common issue that arises with leases is that the tenant wants to get out of the lease sometime before the term of the lease expires. The general rule is that the tenant remains responsible for paying rent for the entire term, regardless of whether the tenant moves out early.

Most leases contain provisions regarding early terminations, and many residential leases provide for a re-letting fee if the tenant moves out before the lease expires.

In these situations, the tenant is still on the hook for paying the rent for the remaining time on the lease. The tenant’s liability for this remaining rent is only extinguished if the landlord rents out the tenant’s unit before the lease term has expired. However, the landlord must take reasonable steps to mitigate damages – meaning, the landlord must make a reasonable effort to lease the premises to someone else.

There are a few statutory grounds that allow a tenant to break the lease without penalty and with no remaining responsibility to pay rent for the remaining term of the lease. These grounds include family violence, certain sex offenses, and certain decisions related to military service. However, very specific circumstances must occur before these statutory grounds may be used to vacate and avoid liability under a residential lease.

In Texas, subletting is generally prohibited unless the landlord consents prior to the sublet. Texas Property Code § 91.005.

Tenant Lockout

A landlord may not lock a tenant out of the residence without going through the formal eviction process, unless such lockout is due to repairs, construction, emergencies, or other specific statutory grounds. Texas Property Code § 92.0081.

Eviction

The eviction process is a very technical process. It starts when the tenant defaults on the lease. An event of default is typically non-payment of rent, but it can also arise when the tenant violates other terms of a least.

Once the tenant defaults, the landlord may decide to allow the tenant an opportunity to cure the default, or the landlord may elect to evict the tenant. If eviction is chosen, the landlord must give the tenant a written notice to vacate the premises. Texas requires at least 3 days notice before the landlord may file the lawsuit to evict.

After the notice to vacate is served upon the tenant and three days have passed, the landlord may then file the eviction lawsuit – called forcible entry and detainer. A hearing will be scheduled and the Court will determine whether the tenant is in default and whether the landlord is entitled to evict the tenant.

If the Court finds that eviction is proper, the landlord may then apply for a Writ of Possession. The sheriff or constable serves the writ of possession on the tenant (if the tenant hasn’t already vacated the premises). If the tenant has not vacated the premises by the date set out on the Writ, the sheriff or constable then has the authority to remove the tenant’s property from the premises and give possession back to the landlord.

Security Deposits – Texas Property Code § 92.101, et seq.

A security deposit is typically required to secure performance under a residential lease. Upon move-out after the full term of a lease has expired, a tenant should always give the landlord a valid forwarding address. If such forwarding address has been given, the landlord must refund the deposit within 30 days after the tenant has surrendered the premises.

A landlord who does not comply is liable for an amount of $100, plus 3 times the amount of the deposit, and the tenant’s reasonable and necessary attorney’s fees.

However, if a tenant withholds the last month’s rent on the grounds that the security deposit should be considered rent, the tenant may be found liable for an amount equal to 3 times the rent, plus the landlord’s reasonable attorney’s fees.

Wilhite & Lea, P.C. | Houston Civil Litigation Lawyers

If your are a landlord and tenant with lease agreement / terms related issues, contact Wilhite & Lea, P.C. civil litigation lawyers for competent legal representation. Call (281) 537-2171 or provide us with brief information relating to your legal matter in our online form. Wilhite & Lea, P.C. handles Landlord / Tenant matters in Houston or surrounding areas, including Harris County, Montgomery County, Washington County, Grimes County, Fort Bend County and Waller County.