Hi,

I live in a Camden apt. home. I am buying a house in Arlington and I live in Plano, Tx. About 40 miles away. I am moving for work. I have heard that since this is considered a "change of lifestyle". I will be able to break my lease and not have to pay any penalties. I contacted my leasing office and asked them what they knew... they said that the Texas apartment association's contract has that clause in it but theirs doesn't. Is this right? It seems a bit fishy to me. They want a 30 day paid notice, plus a full month's rent as a penalty. I would say that they can't just make their own rules up, but then again what do I know... Just wanted to ask an expert. Thanks in advance for your help!


Rod R.

A lease is a contract. As long as the landlord lives up to his end, then you need to live up to yours. I suspect the Texas Apartment Association standard lease is a guideline that does not have the force of law. So as long as they don't violate the law, they can have anything in their lease that you agree with. Signing the lease agrees with all its provision. That they are letting you out with only one month penalty seems a good deal to me.

I agree with Scott - letting you out with the one month's paid notice and a one month's penalty is cheap.

Is your lease still valid - is it still the first year's lease or did you renew the lease for another year? If you did not renew the lease, you are renting from month to month, unless your owner/landlord requires a 60 day notice.

So read your original lease and read any other lease you have gotten after the first year. Sometimes the owner/landlord will change a provision in the lease and people often just do not read all of it - they assume it is all the same - and they sign it.

I would say that a "life style chnage " may or may not be a choice only move 40 miles, and merely buying a home is not a reason allowed to break a lease either.

Unless your specific lease names this in words that can not be disputed, you need to get the landlord to agree in writing prior to doing anything.

They may let you out for a reasonable fee or notice if you ask them.