How to terminate lease and ask tenant to move

Full question:

I own a house in Texas and it has been rented to tenants by a rental management company. I recently found out that I am transferring back to Texas. The tenant has signed a lease agreement that will not expire until October of 2008. I am moving in June, and prefer to live in the house that I own. Is there a way to legally terminate the lease and ask the tenant to leave?

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: Texas

Answer:

In the absence of a provision in the lease allowing for early
termination, the landlord must be able to prove a violation of the lease
terms in order to terminate the lease early. If the tenant is in
compliance with the lease terms, such as not being in default of rent
payments, it may be possible to negotiate an early termination of the
lease with the tenant. In such a case, the tenant will likely want to
receive some type of monetary incentive for agreeing to terminate the
lease early.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is considered abandonment of a rental property in Texas?

In Texas, a rental property is considered abandoned if the tenant has vacated the premises without notice and has not paid rent for at least five days. Additionally, if personal belongings are left behind and the tenant has not communicated their intent to return, this can also indicate abandonment. Landlords must follow specific legal procedures to reclaim the property and dispose of any left belongings. It's important to document the situation and seek legal advice if unsure.

Can a new property owner evict a tenant in Texas?

Yes, a new property owner can evict a tenant in Texas. However, they must honor the existing lease agreement. The new owner must follow the legal eviction process, which includes providing proper notice to the tenant and filing for eviction in court if necessary. The reasons for eviction must be legally valid, such as non-payment of rent or lease violations.

Can a new property management company change your lease?

A new property management company cannot unilaterally change the terms of your lease agreement. They must adhere to the existing lease signed by the tenant and landlord. Any changes to the lease must be mutually agreed upon by both parties and documented in writing. If you have concerns, it's best to discuss them with the management company directly.

What are my rights as a landlord in Texas?

As a landlord in Texas, you have the right to collect rent, set reasonable rules for your property, and evict tenants for valid reasons, such as lease violations or non-payment. You also have the right to enter the property for inspections or repairs, provided you give proper notice. However, you must respect tenants' rights to privacy and follow local laws regarding security deposits and maintenance.

What is illegal for landlords to do in Texas?

In Texas, it is illegal for landlords to retaliate against tenants for exercising their legal rights, such as reporting health or safety violations. Landlords cannot discriminate against tenants based on race, color, religion, sex, national origin, or disability. Additionally, landlords must not lock out tenants or shut off utilities to force them to leave. Violations can lead to legal consequences.

What is the 3 times rent rule in Texas?

The '3 times rent rule' in Texas refers to a guideline for landlords when determining the maximum amount of security deposit they can charge. It is generally advised that the total security deposit should not exceed three times the monthly rent. This is not a strict legal requirement but serves as a best practice to ensure fairness in rental agreements.