Breaking a lease in Texas

Texas lets a tenant end a lease early and avoid future rent in four situations: family violence, certain sexual offenses or stalking, military service, and, through the estate's representative, the death of a tenant who was the sole occupant. The lease should contain two statutory statements about these rights; without them, a tenant who leaves under the family violence, sexual offense or stalking, or military sections is also released from rent already overdue. When a tenant abandons the unit in violation of the lease, the landlord has a duty to mitigate damages, and a lease clause waiving that duty is void.

Tex. Prop. Code § 92.016 Tex. Prop. Code § 92.0161 Tex. Prop. Code § 92.0162 Tex. Prop. Code § 92.017 Tex. Prop. Code § 91.006

• Statement for 92.016(f) and 92.017(g): "Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer." Tex. Prop. Code § 92.016(f) Tex. Prop. Code § 92.017(g)
• Statement for 92.0161(g): "Tenants may have special statutory rights to terminate the lease early in certain situations involving certain sexual offenses or stalking." Tex. Prop. Code § 92.0161(g)
• Family violence: the tenant provides a qualifying protective order or documentation from a licensed health care or mental health provider or an advocate, gives written notice at least 30 days before the termination date, and moves out; no notice is needed when a cotenant or occupant committed the violence. Tex. Prop. Code § 92.016
• Sexual offenses in the prior six months, or stalking in the prior six months on the premises or at any dwelling on the premises: the tenant, or a parent or guardian living with the victim, provides the documentation 92.0161 lists and 30 days' written notice, then moves out; the landlord may share that information only for a legitimate or customary business purpose or as law requires. Tex. Prop. Code § 92.0161
• Military: a servicemember or dependent may end the lease on entering service after signing, or on orders for a permanent change of station or a deployment of 90 days or more, by giving written notice plus a copy of the orders, or, for someone who entered service after signing, a government document showing entry into service; with monthly rent, termination takes effect 30 days after the next rent due date following the notice. Tex. Prop. Code § 92.017
• Death of a sole occupant: the estate's representative gives written notice, removes the property and signs any inventory you require; termination takes effect on the later of 30 days after notice or when those steps are done. Tex. Prop. Code § 92.0162
• Violating the family violence, sexual offense or stalking, or military sections costs actual damages, a civil penalty of one month's rent plus $500, and attorney's fees. Tex. Prop. Code § 92.016(e) Tex. Prop. Code § 92.0161(f) Tex. Prop. Code § 92.017(h)
• A tenant may also end the lease after certain landlord failures, including uncured repairs, an unlawful lockout or utility cutoff, a missing flood notice followed by a major flood loss, and a casualty that makes the unit totally unusable. Tex. Prop. Code § 92.056 Tex. Prop. Code § 92.0081 Tex. Prop. Code § 92.008 Tex. Prop. Code § 92.0135(f) Tex. Prop. Code § 92.054(b)
• When negotiating an early exit, put the agreed move-out date, key return, remaining rent, any release payment and deposit accounting in a signed agreement. Clarify whether it releases future rent. Handing back keys or paying a reletting charge does not by itself establish that the landlord agreed to a complete release. Texas State Law Library: ending the lease
• The State Law Library distinguishes reasonable reletting expenses from an inflated penalty. Check the lease and the actual charge rather than assuming every early move-out has a fixed price. Keep a record of marketing and replacement-tenant efforts, and reconcile the claimed balance when the unit is rented again. Texas State Law Library: ending the lease

Either party can end a month-to-month tenancy by notice. When rent is paid monthly, the tenancy ends on the later of the day named in the notice or one month after the notice is given; with a shorter rent period, such as weekly, the minimum is one full rent period. The parties may agree to a different notice period, or to none, in a document both sign.

Tex. Prop. Code § 91.001 Tex. Prop. Code § 24.005

• If the tenancy ends partway through a rent period, rent is owed only through the termination date. Tex. Prop. Code § 91.001(d)
• To evict a tenant who holds over after the tenancy ends, give the 24.005 notice to vacate and also meet 91.001. Tex. Prop. Code § 24.005(a) Tex. Prop. Code § 91.001
• A landlord may not end a tenancy to retaliate within six months after a tenant's protected action. Tex. Prop. Code § 92.331