Can You Still Rent An Apartment With A Broken Lease?

by | Last updated on January 24, 2024

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Can you still rent an apartment with a broken lease?

A broken lease can severely affect your tenant rating and hamper your ability to rent another apartment

, especially if it’s reported to any of the Tenant Rating Bureaus. If your former landlord receives a judgement against you that’s reported to the credit bureaus, it can make renting an apartment even more difficult.

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Can a broken lease be removed from credit?


If you pay all outstanding charges before moving, including any back rent and fees, breaking a lease won’t hurt your credit score

. However, breaking a lease can damage your credit if it results in unpaid debt.

How long does a broken lease stay on your rental history in Texas?

A broken lease will not appear on your credit report, but any unpaid rent from your broken lease will stay on your credit report for

7 years

. If you break a lease with unpaid rent, your landlord could turn that debt over to a collection agency.

How do you find out if you have a broken lease in Texas?

What happens if I break my lease?

What happens if you break an apartment lease?

You will either have to pay an early termination fee, find a replacement tenant, or cover the cost of the remainder of your lease agreement

. If you can’t pay, your landlord may take you to small claims court or use a collection agency to recoup the rent.

What does a broken lease look like on your credit?

If you find yourself needing to break your apartment lease amid the coronavirus outbreak, the good news is that

a broken lease, in itself, won’t appear on your credit report

. But if you have any unpaid debt with your landlord, this may put your credit in danger.

Can a landlord sue for unpaid rent during Covid?


A landlord can sue their tenant for COVID-19 rental debt in small claims or civil court

.

How much does it cost to break a lease?

In many cases, the lease may give the tenant the option to pay an “early termination fee.” If this is the case, tenants can expect to pay

one to two months’ rent

in order to exit the lease agreement.

How long after you move out can a landlord charge you for damages?

The landlord must disclose all reasonable cleaning fees and damage charges in writing

no more than 21 days

after the tenant has surrendered the property. This is also when the landlord must send a bill to the tenant for any additional amounts billed.

What happens when you break a lease in Texas?

As a rule, the Texas Apartment Association typically recommends

landlords charge 85% of a month’s rent to cover early lease termination expenses

. In extreme circumstances, a landlord may sue a former delinquent tenant for past rent. Most of these cases are heard in small claims court with the maximum claim of $10,000.

Can you break a lease in Texas due to Covid 19?

Questions about ending a lease

Can I end my lease early without paying penalties or fees? Answer: Yes. Because the pandemic is making your anxiety worse,

you can end your lease early without penalty

. Question: I lost my job or had my hours cut because of the COVID-19 pandemic.

Do you have 30 days after eviction notice?

Your landlord must give you a written Eviction Notice, sometimes called a “Notice To Quit.”

If you do not have a lease, the Notice will tell you that you have either 7 days or 30 days to move out.

How can you legally break a lease?

  1. Declare a Constructive Eviction. …
  2. Point Out Landlord Breaches to Reduce Your Debt. …
  3. Landlords Have a Duty to Mitigate Their Damages. …
  4. Consequences for Breaking Your Lease. …
  5. Look for These Clauses in Your Lease. …
  6. Your Landlord May Have a Duty to Mitigate. …
  7. Declare a Constructive Eviction.

Can a landlord hurt your credit score?

When you break a lease, you’ll generally be charged penalties by your landlord.

Failure to pay these penalties can impact your credit scores

, as your landlord can turn the debt over to a collection agency.

How do I remove an apartment from my credit report?

Can a landlord terminate a lease during Covid-19?


No. Irrespective of the lockdown, a landlord is not entitled to terminate services without a Court Order

. As a landlord will not be able to obtain such an Order during the period of lockdown, any termination of services will be unlawful.

Can landlords increase rent during Covid?

All notices of rent increase, which were served before the emergency period and were due to take effect during this period, are paused. While tenants are obliged to continue to pay rent during the COVID-19 emergency period,

landlords are not permitted to increase the amount of rent payable during this period

.

What is a good reason to be late on rent?

Examples include

paying for a funeral of a distant relative

, sending their teen to prom or paying other bills first. A common excuse is that the tenants had to use rent money for something for their children. Tenants often hope landlords will give them a break if kids are involved.

Can you end a lease early?

Or maybe you’re nearing the end of your contract term and wish to take advantage of a new lease deal to cut costs?

Early termination allows you to break from your lease contract early

. As we mentioned before, early termination can be costly so it is advised that you consider all options before making a decision.

What happens if you break a lease in California?


If you have a lease early termination clause, you can break your lease early in exchange for paying a penalty such as one month’s rent

. If you do not have this clause and break your lease, you will be liable for your landlord’s damages.

How much is it to break a lease in California?

Typically, California landlords charge a fee that’s equal to

one to two months’ rent

to end a lease early.

Can landlords charge you for cleaning?

So, can a landlord charge tenants for a professional cleaning service at the end of their tenancy at the rental property? The short answer is no. In fact, according to the Tenant Fees Act 2019,

a landlord cannot legally charge tenants for end of tenancy cleaning services

.

What happens if I don’t clean my apartment when I move out?

In most states, if the apartment is left so dirty that it will cost the landlord more than a normal “turn cost” (the cost for cleaning a unit and preparing it for a new tenant),

the landlord may be justified in withholding the deposit

.

Can a landlord use your deposit for rent?


The landlord may deduct necessary expenses from the deposit

It is the landlord’s right to deduct any expenses (from the deposit) incurred from repairing damage to the property which occurred during the lease. The balance of the money must then be refunded to the tenant.

How can I break my apartment lease without penalty in Texas?

  1. Military Service. …
  2. Family Violence. …
  3. Sexual Offenses or Stalking Victims. …
  4. Tenant’s Death. …
  5. Landlord’s Failure to Repair. …
  6. Conviction for Public Indecency. …
  7. Other Situations. …
  8. Texas Law.

Can landlord keep security deposit for breaking lease in Texas?


A Texas landlord is permitted to keep all or a portion of a tenant’s security deposit if the tenant breaches the lease or damages the property in excess of normal wear and tear

.

Do you have to give a 30 day notice on a month to month lease Texas?

Be aware that if you are in a month-to-month tenancy,

the landlord or the tenant only must give 30-days’ notice before ending the lease

. If the term of the lease is more than 1 year it must be in writing or it is unenforceable.

What rights do tenants have without a lease?

A tenant without a written contract is still entitled to all the statutory rights a regular tenant with a contract is, including

water, heating, a safe environment

etc. In a similar vein, the tenant is still obligated to pay rent on time and take reasonable care of the property.

Can my landlord raise my rent during the pandemic in Texas?

What a landlord Cannot do in Texas?

The right to “quiet enjoyment” of your home.

This means your landlord cannot

evict you without proper cause (most commonly nonpayment of rent) or otherwise disturb your right to live in peace and quiet

. Your landlord must also protect you from any wrongful actions taken by other tenants.

Do I have to pay rent after eviction notice?

Tenants on Quit Notices

Tenants need to know that although they are on notice to quit

they are obligated to pay rental until the premises are vacated

. If rental is not paid they would be in arrears of rental and could be sued to recover same.

How long does an eviction stay on your record?

Can a landlord evict you without a court order?

However, a landlord generally must provide notice of terminating your tenancy. (“Evicting you” means starting eviction proceedings if you fail to comply with the notice.

A landlord cannot legally evict you without a court order

, whether or not you have a lease.)

How much notice does a landlord have to give a tenant to move out?

Length of tenancy Notice that the landlord must give
Less than 6 months


28 days
6 months or longer but less than 1 year 90 days 1 year or longer but less than 3 years 120 days 3 years or longer but less than 7 years 180 days

What makes a lease null and void?

What makes a lease null and void? Another way that you can get out of a lease without paying any money is to have the contract declared null and void. Most of the time,

a lease is void if it is fraudulent or signed under duress

(being forced to sign a lease).

How do you relet?

If you want to relet your apartment,

the apartment community will have the replacement resident sign a brand new lease

, releasing you from all of your obligations as a renter of that apartment. If the new resident wants to throw a party and causes damage to the apartment, you won’t have to worry about a thing.

David Martineau
Author
David Martineau
David is an interior designer and home improvement expert. With a degree in architecture, David has worked on various renovation projects and has written for several home and garden publications. David's expertise in decorating, renovation, and repair will help you create your dream home.