Breaking a lease in Texas

If you are the tenant

• A tenant may end a month-to-month tenancy by notice; it ends on the later of the date in the notice or one month after the day notice is given, which need not be a rent day. If it ends mid-period, rent is owed only to the termination date (§ 91.001(a), (b), (d)).

If the landlord ends it

• A landlord may end a month-to-month tenancy by notice; it ends on the later of the date in the notice or one month after the day notice is given. No reason is required by statute (§ 91.001(a), (b)).

Written notice required: No. § 91.001 requires notice but does not say it must be written; many leases require written notice. Notices under the early-termination statutes (§§ 92.016, 92.0161, 92.017) must be written.

• week-to-week, both: 1 rental period. If the rent-paying period is less than a month, the tenancy ends on the later of the date in the notice or the day after a period equal to one rent period, counted from the day notice is given (§ 91.001(c)).

A tenant who abandons a lease in violation of its terms remains liable under the lease, but the landlord has a duty to mitigate damages, and a lease clause waiving that duty is void (§ 91.006).

Landlord's duty to re-rent: Yes. A landlord has a duty to mitigate damages if a tenant abandons the premises in violation of the lease; any lease provision waiving this is void (§ 91.006).

Lease-break fees: No statutory cap on early-termination or reletting fees for ordinary lease breaks; the lease controls, subject to the landlord's duty to mitigate (§ 91.006). Statutory terminations for family violence, sex offenses or stalking, military service, or a sole tenant's death avoid liability for sums due for terminating the lease.

• Domestic violence, sexual assault or stalking (Tex. Prop. Code §§ 92.016, 92.0161)

  Tenants who are victims of family violence, certain sex offenses or stalking (or parents/guardians of a child victim) can end the lease 30 days after giving written notice and documentation, then move out; if the abuser is a cotenant or occupant, no 30-day notice is needed under § 92.016(c-1).

  Notice:

  30 days, in writing

  Proof:

  Family violence: a protective order, temporary injunction, temporary ex parte order or emergency protection order, or documentation from a licensed health care or mental health provider who examined the victim or an advocate who assisted the victim. Sexual assault/abuse or stalking within the past 6 months: documentation from a health care, mental health or sexual-assault program provider, or a protective order (stalking needs a protective order, or provider documentation plus a law enforcement report).

  What you still owe:

  No future rent and no other sums for ending the lease; the tenant still owes rent and sums due before termination. If the lease lacks the required statutory notice language, past-due rent is also released.

• Unit unlivable or landlord fails to repair (Tex. Prop. Code § 92.056(e)-(f))

  If the landlord fails to repair a condition materially affecting an ordinary tenant's health or safety after proper notice, the tenant may end the lease.

  Proof:

  Notice to repair, a subsequent written notice (or certified mail), a reasonable time for repair, and a condition that materially affects health or safety, per § 92.056(b).

  What you still owe:

  Pro rata refund of rent from the later of the termination date or move-out, and return of the deposit.

• Unit unlivable or landlord fails to repair (Tex. Prop. Code § 92.054(b))

  If a casualty loss makes the unit totally unusable and the tenant did not cause it, either party may end the lease by written notice.

  Proof:

  Written notice any time before repairs are completed.

  What you still owe:

  Pro rata refund of rent from the date the tenant moves out and return of the deposit.

• Landlord harassment or illegal entry (Tex. Prop. Code § 92.0081(h))

  If the landlord illegally changes the locks or violates the lockout rules, the tenant may recover possession or end the lease.

  Proof:

  None specified.

  What you still owe:

  The tenant may end the lease and recover one month's rent plus $1,000, actual damages, court costs and attorney's fees, less any delinquent rent.

• Other (Tex. Prop. Code § 92.0162)

  The estate of a sole occupant who died can end the lease with 30 days' written notice.

  Notice:

  30 days, in writing

  Proof:

  Written notice by the representative of the estate of a tenant who died as the sole occupant; the deceased's property must be removed and an inventory signed if required.

  What you still owe:

  No future rent; termination is effective on the later of 30 days after notice or when the conditions are met.

• Other (Tex. Prop. Code §§ 92.164(a)(2), (b); 92.165(2))

  If the landlord does not install or rekey required door locks and other security devices after a written request, the tenant may end the lease without going to court.

  Proof:

  Written request for compliance; the landlord fails to install or rekey required security devices by the third day after receiving it (seventh day if the lease has the required underlined/bold security-device notice), or fails to meet a tenant's security-device request within the statutory time.

  What you still owe:

  The tenant may end the lease without court proceedings; the statute does not state further rent.

• Other (Tex. Prop. Code § 92.301(b), (d))

  If the landlord agreed to pay for water, gas or electricity and the utility is cut off (or a cutoff notice is given) because the landlord did not pay, the tenant may end the lease.

  Proof:

  Written termination notice, with move-out within 30 days from the date the tenant has notice from the utility company of a future or actual cutoff, whichever is sooner.

  What you still owe:

  Pro rata refund of advance rent from the later of termination or move-out; the tenant may deduct the deposit from rent or get it refunded; actual damages, court costs and attorney's fees. The right ends if the landlord proves the bill was paid before the tenant terminates.

• Landlord harassment or illegal entry (Tex. Prop. Code § 92.008(a)-(b), (f))

  If the landlord unlawfully interrupts utility service the tenant pays for directly or that the landlord furnishes (other than for bona fide repairs, construction or an emergency), the tenant may end the lease.

  Proof:

  None specified.

  What you still owe:

  The tenant may end the lease and recover actual damages, one month's rent plus $1,000, attorney's fees and court costs, less delinquent rent.

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

• Tex. Prop. Code § 92.017 lets servicemembers and dependents end a lease after entering service, PCS orders or deployment of 90+ days (effective 30 days after the next rent due date for monthly leases); it tracks the federal SCRA and adds a civil penalty of one month's rent plus $500 for violations.
• Leases must include the statutory notice that tenants may have special rights to end the lease early for family violence, sex offenses, stalking or military deployment/transfer; if missing, the tenant is also released from past-due rent when using those rights (§§ 92.016(f), 92.0161(g), 92.017(g)).
• Ending a tenancy is separate from eviction; a landlord must still give a notice to vacate before filing an eviction suit (Tex. Prop. Code § 24.005).

• Write a Texas notice to vacate
• Texas security deposit law: getting your deposit back after you move

• Texas Property Code Chapter 91 (§§ 91.001, 91.006) Retrieved October 13, 2026.
• Texas Property Code Chapter 92 (§§ 92.0081, 92.016, 92.0161, 92.0162, 92.017, 92.054, 92.056) Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.