General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- A tenant who enters military service or gets permanent change of station or deployment orders can end the lease with written notice and a copy of the orders.
- If the landlord fails to repair a condition that materially affects health or safety after proper notice, the tenant may end the lease.
- A landlord has a duty to mitigate damages when a tenant abandons the premises in breach of the lease, and a lease cannot waive that duty.
- Either side ends a month-to-month tenancy with at least one month of written notice, unless the lease sets a different period.
- A survivor of family violence, sexual assault or stalking who meets documentation rules can end the lease early with written notice. Some leases must include statutory language for this right to apply in full.
A Texas tenant who leaves early usually owes rent until the unit is re-rented, but the landlord must try to re-rent it. The Property Code lets service members and survivors of family violence or sexual assault end a lease early with notice.
Texas breaking a lease at a glance
| Rule | Texas | Law |
|---|---|---|
| Military service | A tenant who enters military service or gets permanent change of station or deployment orders can end the lease with written notice and a copy of the orders. | Property Code section 92.017 and Servicemembers Civil Relief Act |
| Domestic violence survivors | A survivor of family violence, sexual assault or stalking who meets documentation rules can end the lease early with written notice. Some leases must include statutory language for this right to apply in full. | Property Code sections 92.016 and 92.0161 |
| Unlivable conditions | If the landlord fails to repair a condition that materially affects health or safety after proper notice, the tenant may end the lease. | Property Code section 92.056 |
| Landlord duty to re-rent | A landlord has a duty to mitigate damages when a tenant abandons the premises in breach of the lease, and a lease cannot waive that duty. | Property Code section 91.006 |
| Month-to-month notice | Either side ends a month-to-month tenancy with at least one month of written notice, unless the lease sets a different period. | Property Code section 91.001 |
Reasons that allow an early exit
A few situations let a tenant end a lease early with written notice and no penalty beyond what the law allows.
Military service. A tenant who enters military service or gets permanent change of station or deployment orders can end the lease with written notice and a copy of the orders. (Property Code section 92.017 and Servicemembers Civil Relief Act)
Domestic violence survivors. A survivor of family violence, sexual assault or stalking who meets documentation rules can end the lease early with written notice. Some leases must include statutory language for this right to apply in full. (Property Code sections 92.016 and 92.0161)
Other protected reasons. When the sole tenant dies, a representative can end the lease under the rules in the Property Code. (Texas Property Code chapter 92)
Unlivable conditions
Unlivable conditions. If the landlord fails to repair a condition that materially affects health or safety after proper notice, the tenant may end the lease. (Property Code section 92.056)
What the tenant may still owe
Outside those situations, a tenant who leaves early is usually responsible for rent until the lease ends or the unit is re-rented, whichever comes first.
Landlord duty to re-rent. A landlord has a duty to mitigate damages when a tenant abandons the premises in breach of the lease, and a lease cannot waive that duty. (Property Code section 91.006)
Month-to-month tenancies
Month-to-month notice. Either side ends a month-to-month tenancy with at least one month of written notice, unless the lease sets a different period. (Property Code section 91.001)
Mistakes to avoid
- Billing the tenant for every remaining month without trying to re-rent the unit.
- Ignoring a protected early termination notice because it is inconvenient.
- Agreeing to an early exit by phone without a written agreement.
- Keeping more of the deposit than the lawful deductions.
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General information, not legal advice.
Verify current law
We last checked these Texas rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Texas attorney about your situation.
Laws named on this page
- Property Code section 92.017 and Servicemembers Civil Relief Act
- Property Code sections 92.016 and 92.0161
- Property Code section 92.056
- Property Code section 91.006
- Property Code section 91.001
- Texas Property Code chapter 92
Official sources
Texas forms for this topic
Letters and checklists for this topic
Before you act on it. Check the statute too; this is not legal advice.
Can a service member break a lease in Texas?
A tenant who enters military service or gets permanent change of station or deployment orders can end the lease with written notice and a copy of the orders. Source: Property Code section 92.017 and Servicemembers Civil Relief Act.
Can a survivor of abuse end a lease early in Texas?
A survivor of family violence, sexual assault or stalking who meets documentation rules can end the lease early with written notice. Some leases must include statutory language for this right to apply in full. Source: Property Code sections 92.016 and 92.0161.
Does a Texas landlord have to re-rent the unit?
A landlord has a duty to mitigate damages when a tenant abandons the premises in breach of the lease, and a lease cannot waive that duty. Source: Property Code section 91.006.
How much notice ends a month-to-month tenancy in Texas?
Either side ends a month-to-month tenancy with at least one month of written notice, unless the lease sets a different period. Source: Property Code section 91.001.