Breaking a lease in Texas: the statutory exits, the lease language you must include and the mitigation duty
Texas lets a tenant leave early without future rent in four situations: family violence (Prop. Code 92.016), military entry or orders (92.017), certain sex offenses or stalking (92.0161), and a landlord's failure to repair a condition that threatens health or safety (92.056). A landlord who violates the first two owes actual damages, a civil penalty of one month's rent plus $500, and attorney fees. Section 91.006 also gives you a duty to mitigate when a tenant abandons.
Texas early exits at a glance
| Reason | Section | Key requirement |
|---|---|---|
| Family violence | 92.016 | Court order or provider documentation, plus written notice at least 30 days before the lease terminates |
| Military entry or orders | 92.017 | Written notice plus government document or orders |
| Sex offenses or stalking | 92.0161 | Documents listed in the section |
| Unrepaired condition | 92.056 | Notice to repair, reasonable time (seven days presumed), tenant current on rent |
What does the family violence release require?
Under 92.016(b), a tenant may terminate and vacate and avoid liability for future rent and other sums due for terminating, if the tenant complies with subsection (c). The tenant must provide the landlord a protective order (temporary injunction, ex parte order, protective order or emergency order) or documentation from a licensed health care provider, a licensed mental health provider or an advocate. The tenant also gives written notice of termination on or before the 30th day before the lease terminates, waits for the 30th day after notice to pass, and vacates (subsection c). If the violence came from a cotenant or occupant, the notice requirement drops away (c-1).
Subsection (d) leaves the tenant liable for delinquent rent owed before termination. Subsection (e) fines a landlord who violates the section: actual damages, a civil penalty of one month's rent plus $500, and attorney's fees.
How does the military release work?
Section 92.017(b) lets a servicemember or a servicemember's dependent vacate and avoid liability for future rent and other sums if the lease was executed by a person who then enters military service, or if a servicemember who signed while in service gets orders for a permanent change of station or a deployment of 90 days or more. The tenant delivers written notice plus proof (c).
For monthly rent, termination takes effect on the 30th day after the first date the next rent payment is due after delivery of the notice. You must refund prepaid rent for periods after the effective date within 30 days after it (subsection e).
Example a made-up San Antonio tenant at $1,250 delivers notice on March 10. The next rent date is April 1, and the 30th day after it is May 1, so the lease ends May 1. If the tenant prepaid May at $1,250, the owner refunds that amount within 30 days after May 1.
Subsection (g) matters for drafting: if the lease lacks language substantially equivalent to "Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer," the tenant is released from delinquent unpaid rent too. Subsections (i) to (k) allow a separate signed waiver only when the tenant moves into base housing or other housing within 30 miles.
When can a tenant leave over a repair?
Section 92.056(b) makes the landlord liable only if the tenant gave notice, the condition materially affects the physical health or safety of an ordinary tenant, a subsequent written notice or certified mail was used, you had a reasonable time and made no diligent effort, and the tenant was not delinquent in rent when notice was given. There is a rebuttable presumption that seven days is reasonable (subsection d). The tenant may then terminate the lease, and is entitled to a pro rata refund of rent from the later of termination or move-out and a refund or deduction of the deposit (subsection f).
Do you have to find a new tenant?
Yes. Section 91.006(a) says a landlord has a duty to mitigate damages if a tenant abandons the premises in violation of the lease, and (b) makes a lease provision that waives the duty void. Document your listings and showings after the tenant leaves, and credit new rent against what the tenant owes.
How DoorKeeping helps in Texas
DoorKeeping keeps each lease's dates, notices and ledger in one place. When a tenant gives notice, you can ask Claude or ChatGPT to total what is owed through the end date and draft your reply, and nothing goes to the tenant until you approve it with one tap. DoorKeeping never holds your money and sends a payment only when you approve it. This is general information, not legal advice: check the current statute and your own lease.
Sources
- Texas Property Code Chapter 92, Residential tenancies, sections 92.016, 92.017, 92.0161 and 92.056 (Texas Legislature), read Oct 30, 2026
- Texas Property Code Chapter 91, section 91.006, Landlord's duty to mitigate damages (Texas Legislature), read Oct 30, 2026
- 50 U.S. Code 3955, Termination of residential or motor vehicle leases (Cornell Legal Information Institute), read Oct 30, 2026
Questions
- Can a Texas tenant break a lease for military orders?
- Yes, under Prop. Code 92.017, with written notice and a copy of the orders or proof of entering service. The lease should carry the statutory warning sentence.
- What is the penalty if a Texas landlord refuses a family violence release?
- Actual damages, a civil penalty of one month's rent plus $500, and attorney's fees (92.016(e)).
- Does a Texas landlord have to mitigate?
- Yes. Property Code 91.006 requires mitigation when a tenant abandons, and a waiver is void.