Fort Worth, TX asked in Landlord - Tenant for Texas

Q: How to claim for remaining months rent from tenant who has done early lease termination?

I am a landlord in Dallas, Texas. I had a tenant under 18 months lease agreement starting November 1st 2023 to May 1st 2024. The tenant paid $7500 cash before moving in. $7500 included first and last month rent (rent was $3500 per month) and $500 security deposit. He did an early termination from December 1st 2023 due to job relocation without official notice and since then stopped paying rent. Even though the lease does not have any early termination penalties stated, i had informed him before that if early termination then by law in Texas he would be responsible for the remaining month payment until i find a new tenant. Now that i found a tenant moving in March 1st 2024, i have requested the old tenant to pay me Dec-Feb months rent excluding his last month rent and deposit. He refuses to do so and wants to go to court and believes he should not be held liable to pay Dec-Feb month rent since he moved out in November 2023. How can i get him be responsible for the remaining balance.

Related Topics:
1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Since the amount involved is under $20,000, you should file a small claims case against him in the JP court for the precinct where the property is located.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.