Breaking a Lease in Texas
Statute text last checked: October 23, 2026
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Check your Texas lease →Texas law lets tenants end a lease early without liability for future rent after family violence (Prop. Code § 92.016) or certain military service events (§ 92.017), and requires landlords to mitigate damages when a tenant abandons a lease (§ 91.006).
Landlord's duty to mitigate (§ 91.006)
- A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease.
- A lease provision that waives this duty is void.
Family violence (§ 92.016)
- A tenant may terminate the lease, vacate, and avoid liability for future rent after providing the landlord a copy of a qualifying protective order, or documentation of the family violence from a licensed health care provider, licensed mental health provider, or advocate who examined or assisted the victim.
- The tenant must give written notice of termination at least 30 days before the termination date, and the release begins after the 30th day following that notice and after the tenant vacates.
Military service (§ 92.017)
- A servicemember or dependent may vacate and avoid liability for future rent if the person entered military service after signing the lease, or if a servicemember receives orders for a permanent change of station or to deploy with a unit for 90 days or more.
- The tenant must deliver written notice and a copy of the orders (or proof of entering service). For monthly leases, termination is effective on the 30th day after the first date the next rent payment is due after notice is delivered.
Frequently asked questions
Does a Texas landlord have to re-rent if I break my lease?
Texas Property Code § 91.006 gives the landlord a duty to mitigate damages if a tenant abandons the premises in violation of the lease, and a lease cannot waive that duty.
Can I break a lease in Texas for military orders?
Yes, under § 92.017 for permanent change of station orders, deployment of 90 days or more, or entering military service after signing, with written notice and a copy of the orders.
Sources
- Tex. Prop. Code § 91.006 (official text)
- Tex. Prop. Code §§ 92.016, 92.017 (official text)
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