Breaking a Lease inBreaking a Lease in
TexasTexas
Last Updated: July 13, 2022 by
Elizabeth SouzaElizabeth Souza
Ending a PeriodicEnding a Periodic
Lease in TexasLease in Texas
In Texas, a tenant is not required to
provide notice for fixed end date leases,
the lease expires on the last day of the
lease. However, if a tenant wishes to
terminate a periodic lease, they must
give the following amounts of notice:
Grounds for BreakingGrounds for Breaking
a Lease Early Withouta Lease Early Without
Penalty in TexasPenalty in Texas
There are several scenarios where a
tenant can legally break a lease in Texas
without penalty. We’ll go through each
of them below.
1. Early Termination1. Early Termination
Clause or MutualClause or Mutual
Termination!Termination!
Some lease agreements may provide
specific terms that allow a tenant to
terminate a lease early in exchange for
paying a penalty. Read over your lease
and look for language that outlines
agreed-upon terms for ending the lease
before the end of the fixed period, such
as the amount of the fee (i.e., equal to
2 month’s rent) and the amount of
notice required (i.e., 30 days).
However, before taking this route and
paying the penalty, make sure that no
other conditions exist that would allow
you to break the lease without paying a
penalty."
In some instances, the landlord may
agree to end the lease early. Such an
arrangement can occur at any point
during the lease, but only if both parties
agree." This agreement is called a
“mutual termination.” Neither party is
required to agree to a mutual
termination. If both parties do agree, it
is best to write down the terms of the
mutual termination and have both
parties sign the agreement."
2. Active Military Duty2. Active Military Duty
The"
"helps protect active
service members who are relocated due
to deployment or permanent change of
station. The protection begins on the
date of entering duty and ends between
30-90 days after the date of discharge.
To break a lease in accordance with the
relief act, a tenant must:
Prove the lease was signed before
entering active duty.
Prove they will remain on active duty
for at least the next 90 days.
Deliver a to the
landlord, accompanied by a copy of
the orders to deploy/Permanent
Change of Station (PCS) or a letter
from their commanding officer stating
their pending deployment.
However, the lease does not terminate
immediately. Once the notice is
delivered,"the earliest the lease can
terminate is 30 days after the beginning
of the next rent period. For example, if
the notice was delivered on the 23rd of
March and the rent is due on the 1st of
each month, the earliest the lease can
terminate is May 1 therefore, rent is still
due for the month of April.
3. Unit is Uninhabitable3. Unit is Uninhabitable
Texas has specific health and safety
codes that provide minimum standards
for rental units."If those standards are
not met, a tenant must notify the
landlord about the issue. "If the landlord
fails to make repairs within the allowable
time period, a tenant may be able to
vacate the lease."
A dwelling shall be deemed
uninhabitable if it substantially lacks any
of the following:
Hot WaterHot Water. The landlord must supply
running unheated and heated water.
The hot water should be a minimum
of 120 degrees Fahrenheit.
SecuritySecurity. The landlord cannot
remove any windows or doors, or
locks and latches and hinges for
windows and doors, unless it is to
repair or replace the item that was
removed. In that instance, the repair
or replacement must be done
“promptly.”
Working Smoke Alarms.Working Smoke Alarms.
The"landlord must install working
smoke alarms in all bedrooms and on
each level of a rental unit.
However, there are additional situations
where a unit may be considered
uninhabitable. "For example, if there is a
lack of functional plumbing, a rodent
infestation, dangerous mold or any
other issue or defect that “materially
affects the physical health or safety of
an ordinary tenant” a dwelling will likely
be deemed uninhabitable. "
If a tenant decides to terminate the
lease, they must inform the landlord
with a second written notice stating that
they will terminate the lease unless the
condition is repaired or remedied within
a reasonable period of time (presumably
seven days). Remember, a tenant has
the right to terminate onlyonly if:
The condition materially affects the
physical health or safety of an
ordinary tenant;
The tenant has provided proper
notices; and
The tenant is not delinquent in paying
rent.
In Texas, if the landlord had a
reasonable amount of time to repair the
condition (usually seven days), failed to
make a diligent effort to remedy the
problem, and the tenant followed the
proper procedures of notifying the
landlord, the tenant may be able to
terminate the lease and move out.
For more information on habitability
laws in Texas, click here.click here.
4. Landlord Harassment4. Landlord Harassment
or Privacy Violationor Privacy Violation
If a landlord seriously harasses or
violates the privacy of a tenant, the
tenant may be able to terminate their
lease."
Landlord EntryLandlord Entry. Texas state law
requires landlords to provide notice,
but no notice period is specified (
). If your
landlord repeatedly violates your
rights to privacy or removes windows
or doors, turns off your utilities, or
changes the locks, the tenant would
be considered “constructively
evicted,” as described above.
Changing the LocksChanging the Locks. In some states,
if the locks are changed by a landlord
without the tenant’s permission or
without the protection of specific
language in the lease agreement, this
can qualify as being “constructively
evicted”, and could relieve the tenant
of their duties of the lease. In Texas,
lockouts are generally not permitted,
unless the tenant has failed to pay
rent or for other specific and
temporary reasons. ((
).).
5. Domestic Violence5. Domestic Violence
Texas law provides tenants who are
victims of domestic violence, sexual
assault, stalking, or sexual abuse with
special rental provisions for their
protection. If a tenant, or a tenant’s
child, is the victim of "domestic violence
and needs to move, they may"terminate
the lease, vacate the dwelling and avoid
liability for future rent. However, the
landlord can require tenants to provide
proof before releasing the tenant from
the lease. ( (
).).
Early TerminationEarly Termination. "A tenant may
terminate the lease if the following
events have occurred:
A judge signs an order where
necessary (i.e., temporary injection,
temporary ex parted order,
protective order, etc.);
The tenant gives the landlord the
proper proof of status
documentation;
The tenant gives the landlord 30
days notice; and
The tenant vacates the building.
Proof of StatusProof of Status."Before terminating a
lease, a tenant may have to present
the landlord with the following:
Documentation of the stalking,
assault or abuse from a licensed
health care provider or someone
who is otherwise qualified; or
Proof of:
A temporary injunction;
A temporary ex parte order;
A protective order; or
An order of emergency
protection.
6. Utility Cutoff6. Utility Cutoff
A tenant may terminate the lease if a
landlord, who has agreed in the"lease"to
furnish and pay for utility services to the
tenant’s dwelling, has cut off the utility
services to the tenant’s dwelling.
To terminate the lease in this instance,
the tenant must serve the landlord with
written notice and move-out within 30
days of the date the tenant received
notice from the utility company of a
future cutoff or notice of an actual
cutoff, whichever is sooner.
7. Death of the Tenant7. Death of the Tenant
Under Texas law, if a tenant who was the
sole occupant of the rental unit dies
before the expiration of the lease, a
representative of the estate of a tenant
may terminate the tenant’s rights and
obligations under the lease. (
8. Other Reasons!8. Other Reasons!
A tenant may have alternative reasons
to terminate a lease early." For example,
the following reasons may legally permit
a tenant to terminate the lease early, but
are not always automatic and must be
determined by a court:
Violation of the Lease AgreementViolation of the Lease Agreement. If
a landlord violates the terms of the
lease agreement, it may be enough
justification to break the lease and
relieve the tenant from their own
obligations (i.e. illegally raising the
rent during the fixed period).
Illegal or Unenforceable ContractIllegal or Unenforceable Contract.
In some scenarios, a lease agreement
may be deemed illegal and as a result,
is generally not enforceable. (i.e.
contracting with a minor)
Mandatory DisclosuresMandatory Disclosures. Many state
and local laws require landlords to
disclose documentation, policies, or
specific unit information to tenants
prior to moving in. Disclosure laws
typically impose heavy fines or legal
ramifications to landlords if they are
not followed. In rare cases, they
contain penalty provisions that may
allow you to break your lease.
Senior Citizen or Health IssueSenior Citizen or Health Issue. Some
states offer age or health-related
lease-breaking arrangements that
permit early lease termination." If a
tenant has a qualified disability the
tenant may request early termination
as"
under the Fair Housing Act or the
Americans with Disabilities Act."
Examples ofExamples of
InsufficientInsufficient
Justification for LeaseJustification for Lease
Breaking in TexasBreaking in Texas
The below reasons are generally not
enough justification (on their own) to
release a tenant from the lease, and as a
result, provide no legal protection
against penalties for not honoring the
lease.
The tenant bought a house.
The tenant is relocating for a new job
or school.
The tenant is upgrading or
downgrading.
The tenant is moving in with a
partner.
The tenant is moving to be closer to
family.
Breaking a lease for any of the above
reasons without court approval or in any
conditions not previously outlined can
have tangible consequences for
tenants. "If a tenant would like to break a
lease for any of these reasons, the
tenant should ask the landlord to agree
to a mutual termination."
Landlord’sLandlord’s
Responsibility to Re-Responsibility to Re-
rent in Texasrent in Texas
According to
, a landlord must make reasonable
efforts to re-rent their unit instead of
charging the tenant for the total
remaining rent due under the lease. This
is referred to as the landlord’s duty to
“mitigate damages”. If the landlord re-
rents the property quickly, the tenant
will only be responsible for the amount
of time the unit was vacant.
Tenant’s Right toTenant’s Right to
Sublet in TexasSublet in Texas
Under ,,
during the term of a lease, the tenant
may not rent the leasehold to any other
person without the prior consent of the
landlord. To request the landlord’s
approval, a tenant shall send them a
letter through certified mail, with a
return receipt requested, outlining the
terms of the sublet lease agreement.
Certified mail is the only proof of
delivery that most courts will accept
that a tenant has notified the landlord.
The letter should include the following
information:
Sublet term.
Name of proposed subtenant or
In Texas, a tenant can end a fixed
term lease early without penalty if
one of several conditions are met. If
none are met, the tenant is liable for
all remaining rent until a new tenant is
found.
RentRent
PaymentPayment
FrequencyFrequency
Notice NeededNotice Needed
Week-to-Week
7 Days " "
Month-to-
Month
30 Days "
Quarter-to-
Quarter
No statute
Year-to-Year No statute
(Tex. Prop(Tex. Prop
Code § 91.001)Code § 91.001)
(Tex. Prop(Tex. Prop
Code § 91.001)Code § 91.001)
Servicemembers Civil ReliefServicemembers Civil Relief
Act (SCRA)Act (SCRA)
written notice
st
In Texas, the term
“servicemember” means a member
of the armed forces, commissioned
corps of the National Oceanic and
Atmospheric Administration
(NOAA), commissioned corps of
the Public Health Service, and the
activated National Guard.
Note
(Tex. Prop. Code § 92.052)(Tex. Prop. Code § 92.052)
Tex.
Property Code 92.0081
Tex. Prop. CodeTex. Prop. Code
92.008192.0081
Tex. Prop. Code § 92.016Tex. Prop. Code § 92.016
(Tex.(Tex.
Prop. Code § 92.301)Prop. Code § 92.301)
Tex. Prop.Tex. Prop.
Code § 92.0162)Code § 92.0162)
a reasonable accommodationa reasonable accommodation
To chat with a Texas landlord
tenant attorney,
Questions?
click here
Tex. Prop. Code § 91.006Tex. Prop. Code § 91.006
Tex. Prop. Code § 91.005Tex. Prop. Code § 91.005
LEGAL DISCLAIMER
Grounds for Breaking a Lease Early Without Penalty in Texas
1/10/23, 10:40
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