Can I break my apartment lease without paying a fee?

I was told by my apartment complex that I’d have to pay $3,000 to break my lease. Is there any way to get this fee waived, such as breaking lease due to medical/mental related causes?

Asked on October 1, 2019 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Unfortunately, there is no general right to be let out of a lease due to health issues. Accordingly, your landlord does not need to let you terminate your agreement. Therefore you will either need to pay the cancellation fee or provide a satisfactory replacement tenant, although your landlord does not need to accept someone who would be questionable (e.g. bad credit). Even if you don't find a replacement, your landlord has the obligation to "mitigate damages" by reletting the space as soon as practical once you vacate. Until then, however, you will still be liable for the rent, unless you pay the cancellation fee.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Unfortunately, there is no general right to be let out of a lease due to health issues. Accordingly, your landlord does not need to let you terminate your agreement. Therefore you will either need to pay the cancellation fee or provide a satisfactory replacement tenant, although your landlord does not need to accept someone who would be questionable (e.g. bad credit). Even if you don't find a replacement, your landlord has the obligation to "mitigate damages" by reletting the space as soon as practical once you vacate. Until then, however, you will still be liable for the rent, unless you pay the cancellation fee.


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