Tenant wants their rent back for one and a half months and break lease early

Joe S. · 2026-04-15T11:11:43-07:00

I have a property a very large house, and I considered to be a desirable rental. We had a tenant in before it that was there three years.. now a new tenant moves in and they said they needed more water. It’s on a water well so we pay close to 10 K and get them a 2500 gallon holding tank with the extra pump and all the other, etc. . Last night the sewer line stopped up and according to them, some sewage came up in the tub ect which actually could’ve been their fault if they flushed, wet wipes, etc. nonetheless we paid to have a plumber fix it and unclog it.. Now they’re screaming and hollering at Property Manager demanding an early release. Also they want all of their rent money back for the whole time they live there, but when ask when they can be out, they can’t give an answer.. They told the Property Manager they’re going to get an attorney and the property manager told them then don’t call their office no more they’ll need to talk to their attorney, but then they said they’re trying to talk it out without getting an attorney if possible. Of course there’s no talking it out from both sides. There’s just demands that are all one-sided.I’m fine letting them out of the lease. I’m even fine giving them some of their money back but I just don’t think giving them everything back while they continued to live there and a lot of the time they stayed there there was no issue. Anyone come across something like this and how did you handle it?

David Spurlock

Real Estate Agent · OH · Member since 2022 · 76 posts · 25 votes

6mo

How quickly were the problems addressed during their stay?

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Joe S.Pro Member
OP
Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes
6mo
Quote from @David Spurlock:

How quickly were the problems addressed during their stay?

The problems were addressed as timely as possible..

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Joe VilleneuvePro Member

Plymouth, MI · Member since 2013 · 13k+ posts · 19k+ votes

6mo

Ask them if they go to a baseball game, and their home team loses and they don't like the game. does the team give them their money back. No. They went to the game and used the ticket.

In your case, they lived in the house for a length of time. If you want to rid yourself of them (undrstandable), give them back the unused rent based on when they actually move out, but nothing more.

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Jim Johnson

Real Estate Agent · Memphis · Member since 2026 · 591 posts · 347 votes

6mo

Situations like this usually come down to separating emotion from what’s actually enforceable.

Based on what you described, you responded to both issues (water capacity and the sewer backup) in a reasonable timeframe, which matters. A single maintenance event — even an unpleasant one — doesn’t typically justify a full rent refund, especially for time the property was fully usable.

Where this can get tricky is habitability. If there’s documented evidence the issue made the home unlivable for a period of time, there may be some basis for a partial credit tied to those specific days — but that’s very different from refunding 1.5 months outright.

Practically, I’ve seen these work best when you reset the conversation around structure:
• Confirm all repairs are completed and documented
• Define what (if anything) you’re willing to offer as a goodwill credit
• Offer a clean early termination with clear move-out terms
• Keep everything in writing from this point forward

Once attorneys get mentioned, it’s usually less about resolution and more about positioning — so tightening communication and documentation becomes key.

If they’re open to resolving it without legal escalation, a structured exit + limited credit is typically where these land. The full refund ask doesn’t really align with how these situations are usually handled.

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Patricia Steiner

Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes

6mo

I don't understand the 'as timely as possible' reference. Sewer backup is considered an 'emergency' in every state. In Texas, a landlord has 24 to 72 hours to fix the issue; if not done during that time, termination of the lease, repair/deduct by tenant, legal proceeding - are all remedies under the Landlord/Tenant Laws. The tenant has the right to be upset and your property manager has the obligation to remain professional in the interaction. So, facts first: how long did it take the repair to be made? Was it done within the legal timeframe? If so, the property manager should share that he understands how disruptive this issue must have been for them and that (1) the repair was completed in the legal timeframe set by the state AND/OR (2) their rent is being rebated for the time the repair was not made. Would I let them out of the lease? No. Would I tell my property manager to not take the emotional bait and just deal with the facts with empathy - aka do his job? Yes. Sewer backup is considered an emergency repair under the law. I hope it was responded to as such.

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Joe S.Pro Member
OP
Investor · San Antonio · Member since 2020 · 3k+ posts · 3k+ votes
6mo
Quote from @Patricia Steiner:

I don't understand the 'as timely as possible' reference. Sewer backup is considered an 'emergency' in every state. In Texas, a landlord has 24 to 72 hours to fix the issue; if not done during that time, termination of the lease, repair/deduct by tenant, legal proceeding - are all remedies under the Landlord/Tenant Laws. The tenant has the right to be upset and your property manager has the obligation to remain professional in the interaction. So, facts first: how long did it take the repair to be made? Was it done within the legal timeframe? If so, the property manager should share that he understands how disruptive this issue must have been for them and that (1) the repair was completed in the legal timeframe set by the state AND/OR (2) their rent is being rebated for the time the repair was not made. Would I let them out of the lease? No. Would I tell my property manager to not take the emotional bait and just deal with the facts with empathy - aka do his job? Yes. Sewer backup is considered an emergency repair under the law. I hope it was responded to as such.

In Texas, a landlord has 24 to 72 hours to fix the issue….

The property manager was notified that evening/night and the plumbers were there fixing it the next morning and had it cleared and working properly within a few hours of arriving.
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Greg H.Pro Member
Moderator
Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
6mo
Quote from @Patricia Steiner:

I don't understand the 'as timely as possible' reference. Sewer backup is considered an 'emergency' in every state. In Texas, a landlord has 24 to 72 hours to fix the issue; if not done during that time, termination of the lease, repair/deduct by tenant, legal proceeding - are all remedies under the Landlord/Tenant Laws. The tenant has the right to be upset and your property manager has the obligation to remain professional in the interaction. So, facts first: how long did it take the repair to be made? Was it done within the legal timeframe? If so, the property manager should share that he understands how disruptive this issue must have been for them and that (1) the repair was completed in the legal timeframe set by the state AND/OR (2) their rent is being rebated for the time the repair was not made. Would I let them out of the lease? No. Would I tell my property manager to not take the emotional bait and just deal with the facts with empathy - aka do his job? Yes. Sewer backup is considered an emergency repair under the law. I hope it was responded to as such.
Texas law considers "reasonable" time to repair to be 7 days. No one cannot terminate the lease after 24-72 as there are several steps including notice again to the landlord of intent
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David PeschioBusiness Member

Richmond, VA · Member since 2019 · 358 posts · 181 votes

6mo

Has the interior of the property been inspected yet, and what is its current condition?
If the home is in good condition and maintenance has been handled correctly, I suggest allowing the tenants to vacate without a lease breakage fee so both parties can move on. You can return the security deposit as long as there are no damages that need to be addressed

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Drew SygitBusiness Member

Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes

6mo

What @David Peschio said

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Theresa HarrisPro Member

Member since 2019 · 15k+ posts · 11k+ votes

6mo

Let them out of the lease, but they pay the rent for the time they are there. I'd also charge whatever fee is needed as part of the lease to break it. If you are fine with no fee for breaking the lease, that's your choice. I wouldn't give them any money back for rent (aside if they move out before the end of the month and then prorate the rent). As Joe said, no money back until they are out AND you have inspected the property.

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Janice Carter

Real Estate Broker · Atlanta · Member since 2024 · 1k+ posts · 607 votes

6mo

@Joe S. You are handling it the right way by staying reasonable but not giving in to one sided demands. I would offer a clean lease termination option. They can move out by a set date, property left in good condition and you may offer a partial refund. However, giving full rent back while they have occupied the property isn’t reasonable.

Also, once they mention an attorney, keep communication tight and documented. Everything should be in writing going forward. This is less about the plumbing issue and more about setting boundaries.

1 Reply

Scott Nachitilo

Property Manager · OK · Member since 2024 · 98 posts · 74 votes

6mo

Your case benefits from the rapid solution of both the sewer backup problem and the water issue. You did not turn a blind eye to problems, you resolved them. That is contrary to a landlord who is providing a reason to break a lease.

I would go and record all this and have a written termination agreement with you should you want to get rid of them. Write out the date you are moving out, what you are giving back (or not giving back) in addition to the security deposit and ensure they are waiving future claims. Never negotiate a refund of rent, and never part with a cent to be returned without a signature. We will talk it out will mean nothing to various individuals when the lease is expired and the cash is spent.

You can object all on the refund. They resided there, the problems there were discussed, and they are unable to even date when they are going to have the move-out day. It might be worth it to meet half-way to remove them in a clean and fast manner, but it is a business choice, rather than forcing. Get your PM or your attorney to write that mutual termination before you offer a dime.

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Alex Rivera

Tacoma, WA · Member since 2026 · 28 posts · 29 votes

6mo

Don't give them a dime back. They had use of the property, full stop — a stopped-up sewer that you fixed promptly isn't a habitability failure. That demand is an opening move, not a real claim. Any attorney they actually hire will tell them constructive eviction has a much higher bar than "the plumbing acted up."
I self-manage a 4-plex and a duplex here in Tacoma and get this flavor of demand maybe once a year. What works for me: document every maintenance response in writing with timestamps (when they reported it, when you responded, when it was resolved), and if they really want out, offer a clean mutual lease termination — they pay through the end of the month they vacate and forfeit their deposit, no back-rent refund. Most tenants take it because they don't actually want the attorney fight either.
Their anger at the PM is also a tell. If they had a real case, they'd lead with that, not with volume.

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Tenant wants their rent back for one and a half months and break lease early

Tenant wants their rent back for one and a half months and break lease early

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