Do I need to pay my lease termination fees if I am a first-time home buyer and need to break my lease?

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Do I need to pay my lease termination fees if I am a first-time home buyer and need to break my lease?

Asked on October 2, 2012 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are facing two different contracts and procedures.  When you break your lease, the lease agreement/contract will control what and when you have to pay any extra fees.  Most require some penalty for early termination-- regardless of the reason.  The exception to this rule is if the unit/apartment/house become uninhabitable-- then the tenant has a way of getting out. 

The agreement/contract to purchase a home is a completely different agreement, usually with a different party.  As such, one is not dependent on the other. 

This all means that you will have to pay whatever lease termination fees are outlined in your lease agreement, unless the lease agreement has a specific provision or exception for a first-time home buyer breaking their lease.


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