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Early Lease Termination Laws in Texas

In Texas, victims of family violence, certain sexual offenses or stalking can end a lease early with the required documentation and notice, servicemembers and dependents have a state law termination right with added remedies, and landlords have a duty to mitigate damages that a lease cannot waive.

Last checked . General information, not legal advice.

Texas at a glance

Domestic violence victims
Yes, family violence, sexual assault, stalking
Needs a protective order or documentation such as a licensed health care or mental health provider statement, plus written notice; liability ends after a 30 day period.
State military protection
Yes, state law with extra remedies
Tex. Prop. Code 92.017 mirrors the SCRA and adds remedies: release of delinquent rent if the lease lacks a required notice, and a civil penalty.
Landlord must re-rent
Yes, cannot be waived
A lease provision that tries to waive the duty to mitigate is void.

Sources

Last checked

The rules in Texas

Can domestic violence or sexual assault victims end a lease early in Texas?

Yes, family violence, sexual assault, stalking. Domestic violence victims in Texas: yes, family violence, sexual assault, stalking. Needs a protective order or documentation such as a licensed health care or mental health provider statement, plus written notice; liability ends after a 30 day period.

Does Texas law add early lease termination rights for service members beyond the federal SCRA?

Yes, state law with extra remedies. State military protection in Texas: yes, state law with extra remedies. Tex. Prop. Code 92.017 mirrors the SCRA and adds remedies: release of delinquent rent if the lease lacks a required notice, and a civil penalty.

Does a landlord in Texas have to try to re-rent the unit after a tenant leaves early?

Yes, cannot be waived. Landlord must re-rent in Texas: yes, cannot be waived. A lease provision that tries to waive the duty to mitigate is void.

Where do the Texas early lease termination laws come from?

The rules above come from Tex. Prop. Code 92.016, Tex. Prop. Code 92.0161, Tex. Prop. Code 92.017 and Tex. Prop. Code 91.006. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Read the lease first. Many leases contain an early termination clause, a buyout fee or a sublease option that may be easier to use than a statutory right. A statutory right usually applies even if the lease says nothing about it, and a lease generally cannot waive it.

Statutory early termination rights usually come with conditions. Common ones are written notice to the landlord, a minimum notice period, and proof such as a protective order, police report, military orders or a doctor's statement. Keep copies of everything you send and note the date and method of delivery.

If you leave without a statutory right, you may still owe rent until the unit is re-rented or the lease ends. Where a landlord has a duty to mitigate, it must make reasonable efforts to find a new tenant, and the amount you owe is reduced by rent the landlord collects or reasonably could have collected. Returning keys and documenting the condition of the unit can help limit disputes.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.