Texas Landlord Law Guide
When a tenant wants out early, Texas law answers three questions for you: whether they have a legal right to leave, what they still owe, and what you have to do to recover it. Here is how it works for Houston owners.
A Texas tenant can legally break a lease early for family violence, certain sexual offenses or stalking, military deployment or transfer, and in some cases after the landlord violates the Property Code. Otherwise, a tenant who leaves stays liable for rent, but the landlord must make reasonable efforts to re-rent the unit (§91.006) and cannot waive that duty in the lease.
The Property Code gives tenants specific termination rights. When a tenant qualifies, they are released from future rent after the statutory notice period and move-out.
| Situation | Statute | What the tenant must provide | When rent liability ends |
|---|---|---|---|
| Family violence | §92.016 | A protective or emergency order, or documentation from a licensed health care provider, mental health provider or family violence advocate, plus written notice | 30 days after notice and move-out. No 30-day notice is needed if the abuser is a cotenant or occupant. |
| Certain sexual offenses or stalking | §92.0161 | Documentation from a provider or a protective order (stalking also needs a police report), for an incident in the prior six months, plus written notice | 30 days after notice and move-out |
| Military service, deployment or permanent change of station | §92.017 | Written notice plus a copy of the orders | For monthly leases, the 30th day after the next rent due date |
| Death of a sole tenant | §92.0162 | The estate representative gives notice and meets the statute’s conditions | The later of 30 days or completion of those conditions |
HB 47, effective September 1, 2025, removed the requirement that a sexual assault occur on the premises. Stalking must still occur on the premises.
Your lease must include specific statements about these rights. Sections 92.016(f) and 92.017(g) require: “Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.” Section 92.0161(g) requires a separate statement covering certain sexual offenses or stalking.
Many lease forms include only the first sentence. If the required language is missing, a tenant who terminates under these sections is also released from delinquent rent owed at the time of termination, not just future rent. This is a cheap fix with a real cost if you skip it.
Several Property Code violations give the tenant a right to terminate, which is worth knowing before you count on collecting the rest of a lease:
A tenant who breaks a lease without a legal right remains responsible for rent through the end of the term, plus other charges the lease allows. That liability is limited by one important rule:
Mitigation means making reasonable, objective efforts to re-rent: listing the property at a market rent, showing it, and screening applicants the same way you normally would. You do not have to accept an unqualified applicant or rent below market. Once a new tenant starts paying, the old tenant’s liability is generally reduced by the rent you receive.
Keep records of listing dates, inquiries, showings and applications. If you later sue for unpaid rent, those records are how you show the effort was reasonable.
Many Texas leases include a reletting charge or an early termination option that lets a tenant pay a set amount and leave with notice. These clauses are common and can save both sides a dispute, but they need to be reasonable, clearly written and applied as written. An early termination option does not replace the statutory rights above, which a tenant can use regardless of what the option costs.
If you are unsure whether a clause in your lease is enforceable, have a Texas real estate attorney review it before you rely on it in a dispute.
If a replacement tenant is approved before the original tenant ever moves in, §92.1031 requires returning the deposit, less any cancellation fee or expenses the lease allows. More in our security deposit laws guide.
Section 92.0081 lets a landlord remove the contents of a unit the tenant has abandoned. Chapter 92 does not set a statewide waiting period or disposal procedure for residential property left behind, so the lease controls. A clear abandonment clause should define when a unit is considered abandoned and what happens to property left inside.
If you want to sell belongings to cover unpaid rent, that falls under the landlord’s lien rules: bold or underlined lease language, an itemized notice, and at least 30 days’ notice by both first-class and certified mail before a sale (§54.045). The 60-day certified mail rule you may see online applies to commercial property, not residential rentals.
Atlas handles lease breaks, reletting and deposit accounting as part of lease enforcement for Houston owners. For every related rule, see the Texas landlord-tenant law hub.
This guide is general information for Texas landlords, not legal advice. Laws change and every lease is different, so talk to a Texas real estate attorney about your situation.
Our property managers keep Houston rentals compliant, from leases and notices to repairs and evictions.
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Yes. A tenant who enters military service after signing, or receives orders for a permanent change of station or a deployment of 90 days or more, can terminate with written notice and a copy of the orders under §92.017. For a monthly lease, the termination takes effect on the 30th day after the next rent due date.
A landlord must make reasonable efforts to re-rent when a tenant abandons the unit in violation of the lease (§91.006). The duty cannot be waived. It does not require accepting unqualified applicants or below-market rent.
You can deduct unpaid rent and lawful charges with an itemized list, and rekeying costs only if a bold or underlined clause allows it. You still must refund or itemize within 30 days after surrender and a written forwarding address.
Generally written notice, with termination effective after 30 days and move-out, plus the documentation §92.016 requires. If the abuser is a cotenant or occupant, the 30-day notice is not required.
For a sole occupant, the estate representative can terminate under §92.0162. The termination takes effect at the later of 30 days or when the statute’s conditions are met.
Leases, notices, repairs and evictions handled by a Houston property management team.
