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Statutory Rights to Terminate a Lease

Texas law provides a tenant the explicit right to end a lease early in the following circumstances.


1. Military Service: Under Section 92.017 of the Texas Property Code, a service member and/or dependents who receives orders of a permanent change in station may terminate their lease early. The service member must give their landlord a written notice and documentation of the military orders. Tenants that signed a lease and then entered military service are protected under this law.


2. Family Violence: A tenant that is a survivor of family violence as defined in Section 71.004 of the Texas Family Code can terminate their lease early without liability. They must provide their landlord documentation of the family violence and a 30 days’ written notice to move out. Section 92.016 of the Texas Property Code provides more details of the protections of this law.


3. Sexual Offenses or Stalking: Section 92.0161 of the Texas protects victims or parent or parents of a victim of sexual or stalking abuse within the last 6 months to terminate their lease early. The tenant needs to provide their landlord documentation and a 30 days’ written notice to move out. Please read Section 92.0161 of the Texas Property Code for more details.


4. Tenant’s Death: If a tenant passes during their lease, a representation of their estate can provide a written notice to the landlord to end the responsibility for future rent remaining under the lease. Please view Section 92.0162 of the Texas Property Code for further details.


5. Failure to Repair: If the landlord refused to make repairs that “materially affects the physical health or safety of an ordinary tenant”, the tenants may be able to terminate their lease early. Please see Section 92.056 of the Texas Property Code.


For more public information on the subject visit: https://guides.sll.texas.gov/landlord-tenant-law/ending-the-lease


Disclaimer: The information provided does not and is not intended to constitute or replace legal advice. All information on this website and on the provided website are for general informational purposes only.


If would like to discuss your personal circumstances, Oliver Hadzic Law always provides free initial consultations.

Call us at (832) 725-0114 or

Email us at oliverhadziclaw@gmail.com

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