Is there a law that allowsa tenantto breaktheir current lease to aid them as a first time home buyer?

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Is there a law that allowsa tenantto breaktheir current lease to aid them as a first time home buyer?

Asked on October 12, 2011 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, there is no law allowing a tenant to break his or her lease as an aid to being a first-time home buyer. If the tenant breaks his or her lease for this reason, he or she is still liable, or financially responsible, for the lease; for example, the tenant would owe the landlord the rent due under the lease for all the remaining months of the lease.

That's not to say it may not be in the landlord's interest to allow the tenant out of the lease, either "for free" (e.g. if the landlord has another potential tenant who'd be more desirable) or for some negotiated payment (e.g. there are still 8 months on a lease; the landlord will let the tenant out early for 3 months payment)...but that's up to the landlord. Legally, the tenant is still  obligated, and cannot get out of the lease early to be a first-time home buyer.


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