In Texas, a tenant can end a fixed-term lease early without penalty if one of several conditions are met, such as a privacy violation by the landlord. If none of the conditions are met, the tenant is liable for all remaining rent until a new tenant is found.
| Reason | Legally Acceptable? |
| Active Military Duty | Yes |
| Early Termination Clause | Yes |
| Domestic Violence | Yes |
| Uninhabitable Living Conditions | Yes |
| Tenant Death | Yes |
| Unenforceable/Void Lease | Yes |
| Landlord Harassment | Yes |
| Mental or Physical Disability | Yes |
| Landlord Retaliation | Yes |
| Job Relocation | No |
| Buying a House | No |
| Backing Out Before Move-In | No |
1. Active Military Duty
In Texas, as with all states, a tenant can break a lease early, without penalty, due to military duty. Under federal law, active service members who are relocated due to deployment or permanent change of station may break a lease early. The protection begins on the date in which the tenant enters active duty and ends between 30-90 days after the date of discharge.
This right cannot be waived. Any lease clause attempting to is unenforceable.
What Qualifies as Military Duty?
To qualify to break a lease early in Texas for military duty, all of the following conditions must be met:
- Servicemember Status. A tenant must be an active duty member of the military, Reserve, National Guard (mobilized under federal orders for more than 30 consecutive days), or be a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration.
- Deployment. The tenant must receive a permanent change of station (“PCS”) order or deployment orders for a period of at least 90 days.
- Prior Signed Lease. A tenant must have signed the lease prior to active military service.
How to Prove or Verify Military Duty
To prove or verify military duty in Texas, a tenant should give the landlord both of the following documents:
- A military ID (example)
- Permanent Change of Station (PCS) orders (example) OR a letter from the tenant’s commanding officer (example)
If a landlord doubts the authenticity of a tenant’s request to terminate a lease due to military duty, the landlord may submit a Record Request to obtain a report certifying active duty status of a tenant. However, the landlord must create an account to use the Record Request.
How to Terminate a Lease Due to Military Duty
To terminate a lease early for military duty, a tenant must provide a landlord written notice and proper documentation. However, the lease does not terminate immediately. Once notice is delivered, the earliest a tenant can terminate is 30 days after the beginning of the next rent period.
For example, if the notice was delivered on the 23rd of March and the rent is due on the 1st of each month, the earliest the lease can terminate is May 1st. Therefore, rent is still due for the month of April.
2. Early Termination Clause
In Texas, a tenant can break a lease early, without penalty, due to an early termination clause. However, a tenant can only break the lease if an early termination clause exists in the lease. A landlord is not required to include an early termination clause in a lease under Texas law.
An early termination clause allows a tenant to terminate a lease early in exchange for paying a penalty. Generally, an early termination clause allows a tenant to break a lease anywhere from 30-60 days after providing notice.
Early Lease Termination Agreement
If a lease does not contain an early termination clause, and both the landlord and the tenant would like to end the lease, they may agree to a “mutual termination” to end the lease. In this case, the landlord and tenant write down the terms of the termination agreement, sign the agreement, and comply with the agreed upon terms to terminate the lease.
3. Domestic or Sexual Violence
In Texas, a tenant can break a lease early, without penalty, due to domestic or sexual violence. Texas law protects tenants who are victims of domestic violence, sexual assault, stalking, or sexual abuse so long as the tenant can provide the landlord with proof of the abuse.
This right cannot be waived. Any lease clause attempting to is unenforceable.
What Qualifies as Domestic Violence
In Texas, for an act of domestic violence to qualify as grounds for breaking a lease, all must be true:
- It is committed against the tenant or child of a tenant by a household member; and
- It is intended to result in harm, injury, or sexual assault OR it reasonably places the victim in fear of imminent harm or assault
How to Prove or Verify Domestic Violence
A tenant can prove or verify domestic violence by providing the landlord with one of the following:
- Documentation of the stalking, assault, or abuse from a licensed healthcare provider or someone who is otherwise qualified; or
- A copy of a court issued:
- Temporary injunction;
- Temporary ex parte order;
- Protective order; or
- An order of emergency protection.
The court documents are not public record and a landlord cannot request the documents from the court. However, the orders are official court documents signed and stamped by a judge. To verify, a landlord can look at a list of current judges in the state.
To further verify if the court documents are legitimate, a landlord may call the court and ask for the clerk to confirm that the order was issued.
Documents from a licensed healthcare provider or someone who is otherwise qualified will be signed by the healthcare provider. While the provider will not talk to the landlord about the incidents leading to the documentation, a landlord may call the provider to verify the validity of the document.
How to Terminate a Lease Due to Domestic Violence
To terminate a lease early for domestic violence in Texas, a tenant must provide the landlord with the proper documentation and 30 days’ written notice of termination. The tenant remains liable for any damage done to the rental unit as well as the rent due for the final month.
4. Uninhabitable Living Conditions
In Texas, a tenant can break a lease early, without penalty, due to uninhabitable living conditions if all of the following are met:
- Certain health and safety codes are not met
- The tenant notifies the landlord about the issue
- The landlord fails to make repairs within a reasonable time period
This right cannot be waived. Any lease clause attempting to is unenforceable.
What Qualifies as Uninhabitable Living Conditions
In Texas, certain statutes set forth specific instances that qualify as uninhabitable living conditions. To start, a unit must fail to meet certain physical health and safety standards under the implied warranty of habitability that are not as a result of the tenant’s actions or negligence.
Examples include:
- Basic utilities
- Heated water
- Windows or doors
- Locks, latches, and hinges for windows and doors (unless it is to repair or replace the item that was removed)
- Working smoke alarms in all bedrooms and on each level of a rental unit
However, in Texas, there are additional situations that may qualify a rental unit as uninhabitable. Any situation that materially affects the physical health or safety of an ordinary tenant makes that rental unit uninhabitable. For example, if the rental unit contains dangerous mold, it will be considered uninhabitable.
To break a lease for uninhabitable conditions, the tenant must notify the landlord. The notice must be in writing of the condition. Landlords have 7 days to repair the problem or three days if it involves the lack of drinking water, air conditioning, or heat.
How to Prove or Verify Uninhabitable Living Conditions
In Texas, to prove or verify uninhabitable living conditions, a tenant must show all of the following:
- Proof of the issue (i.e. a photo)
- Proof the tenant gave notice of the issue to the landlord (i.e. certified mail)
- Proof the issue remains
Upon receiving notice, the landlord may verify the conditions by inspecting the property. If the tenant intends to make the repair themselves, the tenant must provide the landlord with a copy of the repair bill and receipt for the payment.
How to Terminate a Lease Due to Uninhabitable Living Conditions in Texas
To terminate a lease early because of uninhabitable living conditions, the tenant should send the landlord a letter stating that they are terminating for failure to resolve the conditions and, if possible, proof of both the violation and notice requesting repairs.
The tenant is entitled to a prorated refund of rent from the date of termination or the date the tenant moves out, whichever is later.
If the landlord disputes the legitimacy of the uninhabitable conditions, they may file a complaint for a “declaratory judgment” with the Texas justice courts for small claims asking a judge to declare whether the unit is truly uninhabitable. A landlord may file using the Texas E-file system online.
5. Tenant Death
In Texas, a tenant’s estate can terminate a lease early, without penalty, if a tenant dies before the expiration of the lease.
This right cannot be waived. Any lease clause attempting to is unenforceable.
What Qualifies as a Tenant Death?
Under Texas law, a tenant’s death will qualify as a legitimate reason to terminate the lease so long as the tenant who signed the lease was the sole occupant over the age of 18. In the event of minors living with the deceased, the landlord will work out the details with the minors’ new legal guardian(s).
How to Prove or Verify a Tenant Death
To show proof or verify tenant death, the estate may provide the deceased tenant’s death certificate to the landlord or a landlord may request a tenant’s death certificate from the Texas Department of State Health Services.
The personal representative of the deceased tenant’s estate, also known as an executor or administrator, should provide the landlord with a copy of the tenant’s will or a court order naming the person and describing their role as a representative of the estate.
How to Terminate a Lease Due to a Tenant Death in Texas
In Texas, in order for a representative of the estate to terminate a lease early due to tenant death, they must provide the landlord with written notice. Then the representative must remove the tenant’s belongings from the property. Finally, the representative must sign an inventory of the removed property.
Termination of the lease is effective 30 days after the estate notifies the landlord or the date that the tenant’s property is fully removed and the inventory is signed, whichever is later.
The tenant’s estate will still be liable for any past due rent and any damages to the premises that are beyond normal wear and tear.
6. Unenforceable or Voidable Lease
In Texas, a tenant can break a lease early without penalty if there are unenforceable clauses or provisions that make the lease voidable. Specifically, a tenant can break a lease early if the lease was signed under duress, if the tenant is a minor, or if the unit is illegal.
This right cannot be waived. Any lease clause attempting to is unenforceable.
What Qualifies as Unenforceable or Voidable Lease
In Texas, a lease would be deemed unenforceable or voidable if any of the below are true:
- A tenant was forced to sign the lease under duress. Duress is a defense to a signing when there is coercion by means of physical force or an unlawful threat that eliminates one’s free will to do what they want.
- The party signing the lease is a minor. In Texas, a minor is someone under the age of 18. With regards to leases, anyone can sign one, including a minor. But because leases are generally viewed as contracts, and a minor cannot be bound by their contracts, the law will automatically allow the minor to cancel, or “void” the contract. The minor can choose whether to honor the contract or void the obligation.
- The unit is illegal. An illegal unit is one that is used for residential purposes, but is not registered with the proper authorities as required by law. These are units that don’t comply with legal requirements for housing, such as too-low ceilings, no address, no dedicated gas/electric meter, or improper electrical systems.
How to Prove or Verify an Unenforceable or Voidable Lease
To prove or verify that the lease was signed under duress, a tenant must be able to show that they did not sign the lease on their own free will. Usually duress will manifest through threats of harm or physical violence. Regardless, a tenant must show that the threat of harm made by the other party was the reason they entered into the contract. The burden of proof then shifts to the other party, who must prove that any threats made to the person did not force them into signing the lease.
To prove or verify that the party signing the lease was a minor, the easiest way will be to provide documentation of a birth certificate showing exactly when the tenant was born. Once confirmed as a minor, they will then be given the choice of whether they want the lease to be void.
To prove or verify that the unit is illegal, a tenant can search public files at the local housing inspection department or agency. A tenant can search these files online by locating the “Certificate of Occupancy” document. Generally, every city or county will have a database where an individual can input the address of the property in question. Simply search “[the county or city name] + certificate of occupancy.”
How to Terminate a Lease Due to an Unenforceable Clause or Void Lease
If a lease is considered void or unenforceable, the lease is immediately terminated and it is as if the lease was never signed. Therefore, the tenant can move out immediately and does not have to pay rent anymore.
Furthermore, because the agreement is viewed as never in existence, any security deposits paid should be returned. The first step is asking the landlord to return the security deposit. However, if the landlord claims they do not owe you the money, you may have to resort to filing a lawsuit in small claims court.
7. Landlord Harassment or Privacy Violation
In Texas, a tenant can terminate a lease early due to landlord harassment or privacy violations. However, a court must determine whether landlord harassment occurred before a tenant can break the lease.
This right cannot be waived. Any lease clause attempting to is unenforceable.
What Qualifies as Landlord Harassment
In Texas, the following behavior qualifies as landlord harassment:
- Landlord Entry. Texas state law requires landlords to provide notice before entering a tenant’s home. Repeatedly entering a tenant’s home without notice qualifies as landlord harassment.
- Constructive Eviction. A landlord cannot remove exterior windows or doors, turn off utilities or change the locks without prior tenant permission under Texas law. This type of behavior constitutes constructive eviction and qualifies as landlord harassment in Texas.
How to Prove or Verify Landlord Harassment
A tenant may prove or verify landlord harassment by keeping written records of any harassment or taking photos, if possible. At the hearing, a landlord may be able to counter this with similar evidence.
For example, a tenant may provide a court with pictures of an exterior door with no locks. In turn, the landlord may present evidence that the landlord was required to change the locks and show the court a receipt from a locksmith with an installation date for a new lock.
How to Terminate a Lease Due to Landlord Harassment
To terminate a lease for landlord harassment, a tenant must get court permission. The tenant must file a complaint with the Texas justice courts for small claims. A tenant may file using the Texas E-file system online. After the landlord files an answer, the court will set a hearing date.
At the hearing, the court will determine if landlord harassment occurred and if the lease should be terminated. The landlord and tenant are bound by the findings of the court.
8. Mental or Physical Disability
In Texas, as with all other states, a tenant can break a lease early, without penalty, because of a mental or physical disability.
Practically speaking, a tenant with a disability could request to terminate the lease if they are no longer able to function in a regular rental unit and need specialized care.
Note: Not all physical and mental disabilities may meet the requirements for terminating a lease.
This right cannot be waived. Any lease clause attempting to is unenforceable.
What Qualifies as a Physical or Mental Disability?
Under both the Fair Housing Act and Americans with Disabilities Act (ADA), persons with disabilities are eligible for reasonable accommodations. A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to enjoy where they live.
A person with a disability is an individual with a physical or mental impairment that substantially limits one or more major life activities. These individuals must have a record of the impairment. A record can constitute hospitalization records and documented time off as a result of the disability.
A physical or mental impairment includes diseases and conditions such as:
- Visual, speech or hearing impairments
- Cerebral palsy
- Autism
- Epilepsy
- Muscular dystrophy
- Multiple sclerosis
- Heart disease
- Diabetes
- HIV
How to Prove or Verify Physical or Mental Disability
When proving or verifying disabilities, there are two methods by which to do so:
- The disability is obvious and apparent. If a person’s disability and need for the requested accommodation is obvious and readily apparent, then the landlord may not request any additional information. These would most likely be physical impairments that one could easily identify as being limiting to the tenant.
- Request verification of disability. If the disability and the need for the requested accommodation is not so obvious and readily apparent, the landlord can only request information that is necessary to evaluate the disability. Provided information will generally be from a medical professional or reliable third party who is in a position to know about the individual’s disability. These disabilities would usually encompass some sort of mental disability.
How to Terminate a Lease Due to a Physical or Mental Disability
If a tenant has a qualified disability, the tenant may request early termination as a reasonable accommodation under the federal Fair Housing Act or the ADA. Once the landlord receives this letter, then they will terminate the lease.
However, in the event the landlord refuses to honor the legitimate early termination of the lease, you may have to file a Fair Housing complaint or sue in court.
9. Landlord Retaliation
In Texas, a tenant can break a lease early, without penalty, if a landlord retaliates against the tenant. Texas law does not allow a landlord to retaliate against a tenant for exercising their rights under the law.
This right cannot be waived. Any lease clause attempting to is unenforceable.
What Qualifies as Landlord Retaliation
Texas Property Code 92.331 sets forth specific instances that qualify as landlord retaliation. First, a tenant must:
- Exercise or attempt to exercise their rights under law;
- Request a repair or remedy under law or the lease; or
- Complain to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency.
After a tenant exercises these rights, the below actions qualify as landlord retaliation:
- Filing an eviction proceeding;
- Deprive the tenant of the use of the premises, except for reasons authorized by law;
- Decrease services to the tenant;
- Increase the tenant’s rent or terminating the tenant’s lease; or
- Purposefully interfere with the tenant’s rights under the lease.
How to Prove or Verify Landlord Retaliation
In Texas, a tenant may prove landlord retaliation by first showing documentation of the rights the tenant exercised under law, such as a copy of a complaint filed with a governmental agency. A tenant may also use a copy of an eviction proceeding or altered lease to prove landlord retaliation.
The landlord is not liable for retaliation if the landlord proves that the action was not taken for purposes of retaliation. To do so, the landlord must have evidence that they intended to take the same actions prior to the tenant’s actions.
A landlord may also show that they exercised certain lawful rights, such as:
- Increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance; or
- Increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multi-unit building;
- An otherwise valid eviction or lease termination because the tenant is delinquent in rent, intentionally damages property, or materially breaches the lease.
How to Terminate a Lease Due to Landlord Retaliation
To terminate a lease for landlord harassment in Texas, a tenant must get court permission. To do so, the tenant must file a complaint or petition with the Texas justice courts for small claims. A tenant may file the petition using the Texas E-file system online.
After the landlord files an answer to the complaint, the court may set a hearing. If a court finds that landlord retaliation occurred, the tenant may terminate a lease and the landlord may be liable for monetary damages.
For example, by law, a tenant may recover one month’s rent plus $500, plus court costs and reasonable attorney’s fees as well as moving costs (less any delinquent rents).
Can a Tenant Break a Lease Due to Job Relocation in Texas?
A tenant cannot break a lease early due to a job relocation in Texas. No laws exist in Texas that allow a tenant to automatically break a lease for a new job.
However, some leases contain a “transfer clause” which may allow a tenant to end a lease early if they are relocating for a new job.
Can a Tenant Break a Lease Due to Backing Out of a Lease after Signing?
In Texas, a tenant cannot break a lease early after signing the lease but before moving in. However, a tenant may terminate the lease under an early termination clause, if the lease contains one.
Can a Tenant Break a Lease Due to Buying a House in Texas?
In Texas, a tenant cannot break a lease early due to buying a house unless your lease contains a clause that allows you to terminate the lease early because you’ve purchased a new home.
What Happens if a Tenant Cannot Break a Lease Early?
If there is no legal justification for breaking a lease early, then the tenant will be responsible for the remaining rent due for the lease,
Texas does not have a law limiting the amount a tenant owes a landlord when breaking a lease early. A tenant could be liable for paying the remaining rent through the life of the lease. However, a landlord must mitigate damages and seek to replace the tenant.
Landlord’s Duty to Mitigate Damages in Texas
According to Tex. Prop. Code. §91.006, a landlord must make reasonable efforts to re-rent their unit instead of charging the tenant for the total remaining rent due under the lease. This is referred to as the “duty to mitigate damages.” If the landlord re-rents the property quickly, the tenant will only be responsible for the amount of time the unit was vacant.
Tenant’s Right to Sublet
Texas state law does not grant tenants, by default, the right to sublease. Instead, they must have explicit, written consent from the landlord to do so. If a tenant is able to sublet the premises, they will not be liable for the total remaining rent due under the lease.
Consequences for Moving Out Early
In Texas, tenants will be held liable for all remaining rent and property damage unless the landlord found a new tenant.
If not, potential consequences include:
- The landlord keeping the security deposit
- The landlord suing the tenant for damages
- A lower credit score
- A potential bad reference in the future
