This legal research guide provides information about landlord and tenant law that is helpful to both the practitioner and the public looking for legal information.
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If there is a written lease, it may say how far in advance a tenant needs to notify the landlord before they can move out of the apartment. Texas law does not say how much notice must be given to a landlord if the lease is not a month-to-month lease. The amount of notice will depend on the terms of the agreement between the landlord and the tenant.
According to Section 91.001 of the Texas Property Code, a month-to-month lease may be ended by either the tenant or the landlord. Once they notify the other party, the tenancy ends on whichever of the following is later:
If the tenancy ends on a day that does not align with the rent-paying period, like in the middle of a week or month, the tenant is only responsible for paying rent up to that point.
A different length of notice is required if both landlord and tenant have signed a statement agreeing to different terms. This could include no notice at all.
This section defines how much notice must be given by either the landlord or the tenant to end a month-to-month residential tenancy.
This page from legal self-help publisher Nolo puts the notice requirements of Property Code 91.001 into plain English.
This article from TexasLawHelp.org goes over ending a written or oral lease as well as month-to-month leases.
If a tenant wants to move out early and break their lease for a reason other than one listed in the "Statutory Rights to Terminate a Lease" box below, they continue to owe the landlord rent under the lease. They only stop owing rent once the lease ends or a new tenant is found.
Section 91.006 of the Texas Property Code describes a "landlord's duty to mitigate damages." This means that a landlord must try to find a new tenant and help reduce the amount of rent the former tenant owes under the lease. A condition of a lease that says that a landlord does not have duty to mitigate damages is void under this law.
A landlord must use "objectively reasonable efforts" to find a replacement tenant that is "suitable under the circumstances." They are not required to just take "any willing tenant." (Austin Hill County Realty, Inc. v. Palisades Plaza, Inc., 948 S.W.2d 293).
Sometimes a landlord can't find a new tenant or the security deposit does not cover the rent that the tenant owed. In these cases, the landlord may send the tenant's debt to collections or sue them over the unpaid rent. Actions like these can make it more difficult to rent in the future. A tenant should be very careful when making a decision to end a lease early.
This section requires a landlord to "mitigate damages" if the prior tenant breaks the lease and moves out early.
The Texas Tenant Advisor website addresses common questions regarding terminating a lease, including moving out early and reletting fees.
The "Landlord’s Duty to Find a New Tenant in Texas" section of this page discusses the steps that a landlord must take to "mitigate damages" when a tenant asks to move out before their lease expires.
This article from a credit reporting agency explains some of the financial consequences that could come from breaking a lease and provides tips for protecting oneself when breaking a lease.
Texas statutes do not specifically mention "reletting fees." However, courts have generally found that landlords can charge "reasonable" fees to relet a property. The Tenants' Rights Handbook from the Texas Young Lawyers Association and the State Bar explains:
However, landlords can charge you a reasonable “reletting fee” for having to prepare the dwelling for reletting and having to redo paperwork. The reletting fee must be a fair amount to cover actual expenses and cannot be unfairly inflated (you cannot be “penalized” for breaking a lease).
The lease may set out the exact amounts of fees a landlord can charge when the lease is ended early.
Texas law gives the landlord or the tenant the explicit right to end a lease early in a few specific circumstances:
Section 92.017 of the Texas Property Code gives servicemembers the right to end a lease early if they are deployed or permanently restationed. A deployment must last for 90 days or more to qualify under this law. It also applies to dependents of servicemembers and people who sign a lease and then enter military service.
To end their lease, the servicemember must give the landlord written notice and documentation of their military orders. The effective date of the termination varies depending on the circumstances. Please read the section for complete details.
A survivor of family violence as defined by Section 71.004 of the Texas Family Code can terminate their lease early. Under Section 92.016 of the Texas Property Code, they would not be responsible for future rent or fees related to breaking the lease. They must give the landlord documentation of the family violence and 30 days' written notice to move out. They must then move out of the rental. For complete details on the requirements to be protected under this law, please read the complete section.
Victims of recent sexual abuse or stalking and their parents or guardians can end a lease early. The abuse the victim survived must be listed in Section 92.0161 of the Texas Property Code. It must have occurred in the previous 6 months. To end the lease early, the victim or their parent/guardian must give the landlord documentation of the offense and 30 days' written notice to move out. They must then move out of the rental. For complete details of the offenses covered by this law and the requirements for protection, please read Section 92.0161 of the Texas Property Code.
If a tenant who was the sole occupant of a rental dies during their lease, a representative of their estate can end their lease early. The representative must provide written notice to the landlord under Section 92.0162 of the Texas Property Code. For complete details of what must happen to terminate a lease under this law, please read the section in its entirety.
If a tenant has asked their landlord to make repairs to a problem that "materially affects the physical health or safety of an ordinary tenant" using the procedures in Section 92.056 of the Texas Property Code and the landlord didn't do so, they may be able to end their lease early. For more information on a tenant's rights under Texas's "duty to repair" law, please see the "Repairs" page of this guide.
Texas law requires that landlords make sure smoke alarms are installed, inspected, and working at the beginning of a tenant's lease. If they do not, the tenant can request a landlord install or repair a smoke alarm. If the landlord fails to do so, the tenant has the right to end the lease without court action. To do so, the tenant must make a written request notifying the landlord that they intend to exercise their remedies under the law. They then must allow 7 days for the landlord to install, inspect, or repair the alarm before ending the lease.
Texas law requires that landlords provide tenants with correct and up-to-date information about who owns and manages the property. They also have to provide this information upon written request and whenever it changes. If they fail to do so or knowingly provide false information, the tenant can break the lease without going to court. To do so, the tenant must make a written request notifying the landlord that they intend to exercise their remedies under the law. They then must allow 7 days for the landlord to provide the information before ending the lease.
Section 91.003 of the Texas Property Code allows a landlord to terminate a lease if their tenant has been convicted of an offense under Chapter 43 of the Texas Penal Code if:
Sometimes people need to break a lease for reasons other than the ones listed above. This could include getting a new job, moving out of state, or not being able to afford rent. Breaking a lease in these situations is not protected by law. For situations other than the ones listed above, please see the "Ending a Lease Early" box above and read your lease agreement.
This section allows a landlord to end a lease if the tenant has been convicted of a public indecency offense and has exhausted their appeals.
This section allows tenant who is the survivor of family violence to break a lease and move out without risk of liability. Please read the entire section for information about who is eligible for relief under this law.
This section allows tenants who are survivors or the parents of survivors of certain sex offenses and stalking offenses to terminate a lease without liability. Please read the entire section for information about who is eligible for relief under this law.
New as of 2019, this section allows the representative of a deceased tenant's estate to terminate the lease without risk of liability to the estate.
This section allows active military servicemembers or dependents of servicemembers to end a lease early without risk of liability. Please read the entire section for more information about who is eligible for relief under this section.
This section allows a tenant whose landlord failed to provide accurate information about who manages the property upon written request to break their lease without a court action.
This section allows a tenant whose landlord did not install, inspect, or repair a smoke alarm in accordance with the law the right to break the lease without going to court. They must notify the landlord in writing of their wish to have the smoke alarm installed or repaired before doing so.
On this page from the self-help publisher Nolo, the "When Breaking a Lease Is Justified in Texas" section summarizes Texas laws that give a tenant the right to end their lease early.
This page from TexasLawHelp.org answers frequently asked questions about the law that enables survivors of family violence to end their lease early.
This article from the Joint Base San Antonio explains a servicemember's rights when ending their lease due to deployment or a permanent change of station.
In Texas, you are not allowed to rent your place to someone else without your landlord's permission. This law is in Section 91.005 of Texas Property Code.
Some leases may allow it under certain conditions. Read your lease to see if it addresses subletting or subleasing.
The law is slightly different for tenants in manufactured housing. See Section 94.057 of the Texas Property Code for more details.
This statute allows a landlords of manufactured homes to prohibit tenants from subleasing the property. The prohibition against subleasing must be included in the lease agreement. If the landlord does permit subleasing, the terms must be outlined in the lease agreement.
This article from Texas Tenant Advisor addresses the law around subleasing and explains some potential liabilities that can come with the practice.
