Breaking a lease in Texas

Texas lets a tenant end a lease early and avoid future rent in four situations: family violence, certain sexual offenses or stalking, military service, and, through the estate's representative, the death of a tenant who was the sole occupant. The lease should contain two statutory statements about these rights; without them, a tenant who leaves under the family violence, sexual offense or stalking, or military sections is also released from rent already overdue. When a tenant abandons the unit in violation of the lease, the landlord has a duty to mitigate damages, and a lease clause waiving that duty is void (Tex. Prop. Code § 92.016; Tex. Prop. Code § 92.0161; Tex. Prop. Code § 92.0162; Tex. Prop. Code § 92.017; Tex. Prop. Code § 91.006).

• Statement for 92.016(f) and 92.017(g): "Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer." (Tex. Prop. Code § 92.016(f); Tex. Prop. Code § 92.017(g)).
• Statement for 92.0161(g): "Tenants may have special statutory rights to terminate the lease early in certain situations involving certain sexual offenses or stalking." (Tex. Prop. Code § 92.0161(g)).
• Family violence: the tenant provides a qualifying protective order or documentation from a licensed health care or mental health provider or an advocate, gives written notice at least 30 days before the termination date, and moves out; no notice is needed when a cotenant or occupant committed the violence (Tex. Prop. Code § 92.016).
• Sexual offenses in the prior six months, or stalking in the prior six months on the premises or at any dwelling on the premises: the tenant, or a parent or guardian living with the victim, provides the documentation 92.0161 lists and 30 days' written notice, then moves out; the landlord may share that information only for a legitimate or customary business purpose or as law requires (Tex. Prop. Code § 92.0161).
• Military: a servicemember or dependent may end the lease on entering service after signing, or on orders for a permanent change of station or a deployment of 90 days or more, by giving written notice plus a copy of the orders, or, for someone who entered service after signing, a government document showing entry into service; with monthly rent, termination takes effect 30 days after the next rent due date following the notice (Tex. Prop. Code § 92.017).
• Death of a sole occupant: the estate's representative gives written notice, removes the property and signs any inventory you require; termination takes effect on the later of 30 days after notice or when those steps are done (Tex. Prop. Code § 92.0162).
• Violating the family violence, sexual offense or stalking, or military sections costs actual damages, a civil penalty of one month's rent plus $500, and attorney's fees (Tex. Prop. Code § 92.016(e); Tex. Prop. Code § 92.0161(f); Tex. Prop. Code § 92.017(h)).
• A tenant may also end the lease after certain landlord failures, including uncured repairs, an unlawful lockout or utility cutoff, a missing flood notice followed by a major flood loss, and a casualty that makes the unit totally unusable (Tex. Prop. Code § 92.056; Tex. Prop. Code § 92.0081; Tex. Prop. Code § 92.008; Tex. Prop. Code § 92.0135(f); Tex. Prop. Code § 92.054(b)).
• When negotiating an early exit, put the agreed move-out date, key return, remaining rent, any release payment and deposit accounting in a signed agreement. Clarify whether it releases future rent. Handing back keys or paying a reletting charge does not by itself establish that the landlord agreed to a complete release (Texas State Law Library: ending the lease).
• The State Law Library distinguishes reasonable reletting expenses from an inflated penalty. Check the lease and the actual charge rather than assuming every early move-out has a fixed price. Keep a record of marketing and replacement-tenant efforts, and reconcile the claimed balance when the unit is rented again (Texas State Law Library: ending the lease).

If a landlord fails to repair after proper notice and a reasonable time, the tenant may end the lease, have the work done and deduct the cost from rent in the cases the statute allows, or go to court. These remedies require either a second written notice after a reasonable time or a first notice sent by certified, registered or other tracked mail, and the tenant must have been current on rent when each notice was given. Every lease must describe these remedies in underlined or bold print (Tex. Prop. Code § 92.056; Tex. Prop. Code § 92.0561; Tex. Prop. Code § 92.0562; Tex. Prop. Code § 92.0563; Tex. Prop. Code § 92.058).

• Repair and deduct is limited to raw sewage backup or flooding inside the unit, a total loss of landlord-supplied water, inadequate heating or cooling certified by a local official, or another condition a local official certified in writing (Tex. Prop. Code § 92.0561(d)).
• Deductions are capped at the greater of one month's rent or $500 in any month, the work must be done by an independent contractor (licensed where the city requires), and the tenant hands over the bill and receipt with the rest of the rent (Tex. Prop. Code § 92.0561).
• After the tenant's notice of intent to repair, the tenant may act at once for sewage or flooding, after three days for lost water or certified heating or cooling, and after seven days for other certified conditions (Tex. Prop. Code § 92.0561(e)).
• A sworn landlord affidavit, delivered before the tenant contracts for the repair, can delay tenant repairs by 15 days for a parts delay that is not the landlord's fault, or 30 days for a general shortage of labor or materials after a natural disaster; later affidavits may extend the total delay to six months (Tex. Prop. Code § 92.0562).
• In court the tenant can win a repair order, a rent reduction, a civil penalty of one month's rent plus $500, actual damages, costs and fees; a justice court may award up to $20,000 in these cases (Tex. Prop. Code § 92.0563).
• A tenant who withholds rent or deducts in bad faith after your written warning owes a civil penalty of one month's rent plus $500 (Tex. Prop. Code § 92.058).

During the lease term, the tenant may not rent the home to anyone else without your prior consent (Tex. Prop. Code § 91.005).

• Under the residential tenancy chapter, a tenant who sublets counts as a landlord toward the subtenant (Tex. Prop. Code § 92.001(2)).

Either party can end a month-to-month tenancy by notice. When rent is paid monthly, the tenancy ends on the later of the day named in the notice or one month after the notice is given; with a shorter rent period, such as weekly, the minimum is one full rent period. The parties may agree to a different notice period, or to none, in a document both sign (Tex. Prop. Code § 91.001; Tex. Prop. Code § 24.005).

• If the tenancy ends partway through a rent period, rent is owed only through the termination date (Tex. Prop. Code § 91.001(d)).
• To evict a tenant who holds over after the tenancy ends, give the 24.005 notice to vacate and also meet 91.001 (Tex. Prop. Code § 24.005(a); Tex. Prop. Code § 91.001).
• A landlord may not end a tenancy to retaliate within six months after a tenant's protected action (Tex. Prop. Code § 92.331).

Refund the deposit on or before the 30th day after the tenant surrenders the premises, with a written description and itemized list of any deductions. You may deduct damages and charges the tenant is legally liable for under the lease, but never normal wear and tear. You do not have to refund or itemize until the tenant gives a written forwarding address, and the tenant does not lose the refund by failing to give one (Tex. Prop. Code § 92.103; Tex. Prop. Code § 92.104; Tex. Prop. Code § 92.1041; Tex. Prop. Code § 92.107; Tex. Prop. Code § 92.108; Tex. Prop. Code § 92.109; Tex. Prop. Code § 92.113; Tex. Prop. Code § 92.105).

• A refund or accounting mailed with a postmark on or before the deadline is presumed on time (Tex. Prop. Code § 92.1041).
• No itemized list is needed if the tenant owes rent at move-out and the amount is not disputed (Tex. Prop. Code § 92.104(c)).
• Missing the 30 days creates a presumption of bad faith. Keeping a deposit in bad faith costs $100, three times the amount wrongfully withheld and the tenant's attorney's fees; failing in bad faith to send the itemized list also forfeits the right to keep any part of the deposit or to sue for damage to the home. The landlord must prove each deduction was reasonable (Tex. Prop. Code § 92.109).
• A tenant may not withhold the last month's rent against the deposit; doing so is presumed bad faith and costs three times the rent withheld plus fees (Tex. Prop. Code § 92.108).
• Requiring advance notice of move-out as a condition of the refund works only if the requirement is underlined or in conspicuous bold print in the lease (Tex. Prop. Code § 92.103(b)).
• Deposit notices may go by e-mail if the landlord and tenant have e-mailed each other before (Tex. Prop. Code § 92.113).
• A new owner, other than a mortgage lender that takes title by foreclosure, becomes liable for existing deposits and must give each tenant a signed statement of the exact amount; the seller stays liable for deposits it received until the buyer receives them or assumes the liability, unless a written contract says otherwise (Tex. Prop. Code § 92.105).
• If the lease required no deposit, give the tenant written notice of your claim for damages and charges no later than the day you report it to a consumer reporting agency or debt collector, or you forfeit the right to collect them. The notice is not required if the tenant gave no forwarding address (Tex. Prop. Code § 92.110).