Paragraph 28 provides a graceful exit from the lease. Most tenants want to avoid damaged
credit, ruined rental history and collection, a judgement and a lien on their new home, so we
more commonly operate under Paragraph 28, which involves locating a replacement tenant to
take over the occupancy of the home and allows the tenant to depart on good terms. Below,
we will outline how this works:
In a nut shell, when you want to move early and wish to do so in a way that follows the lease
agreement and avoids negative consequences, all the costs of your decision to terminate early
must be absorbed and paid by you, not the property owner.
This is a simple concept for most to understand. The owner of your rental has no obligation or
desire to subsidize your moving costs by absorbing lost rent and other turnover expenses
created by your early departure, so all of the financial consequences of your decision to leave
early belong to you. The following steps must happen if you are a Texas Homes Realty &
Management tenant:
1) You must provide written notice of your intent to terminate early, including a move-
out date.
2) Your written termination notice must include payment of the reletting fee listed in
paragraph 28 of your lease agreement. The reletting fee is typically 150% of one
month’s rent. Check your specific lease agreement or renewal for your amount.
3) You must continue paying rent each month on the first, until a replacement tenant is
found and starts paying rent for you.
4) You must continue your utility services after vacating, until a new tenant moves in.
5) You must arrange for lawn service after you vacate, until a new tenant moves in.
6) All other terms and conditions of your lease agreement must continue to be met and
you are still responsible for periodically checking up on the property unless you’ve
arranged with us to do it for you.
That’s it in a nutshell. It’s not negotiable. In fact, we don’t even have to allow Paragraph 28
departure. So, when tenants argue or want to do it a different way (which always involves
shifting costs and risk away from tenant and to the owner), we simply don’t do it.
Once the above steps are accomplished, you leave with a good rental history, receive your
deposit refund, and have completed your lease agreement on good terms. You haven’t
technically “broken” the lease, but instead satisfied the requirements of Early Termination.
It should be noted, however, that you are still legally obligated until the end of your
remaining lease term in the event your replacement tenant defaults. This does not happen
often though, as we carefully screen replacement tenants the same as any other new tenant.