Texas law gives the landlord or the tenant the explicit right to end a lease early in a few specific circ*mstances:
Section 92.017 of the Texas Property Codegives servicemembers the right to end a lease early if they are deployed or permanently restationed.A deployment must last for 90 days or more to qualify under this law. It also applies to dependents of servicemembers and people who sign a lease and then enter military service.
Toend their lease, the servicemember must give the landlord written notice and documentation of their military orders. The effective date of the termination varies depending on the circ*mstances. Please read the section for complete details.
A survivor of family violence as defined by Section 71.004 of the Texas Family Codecan terminate their lease early. Under Section 92.016 of the Texas Property Code, they would not be responsible for future rent or fees related to breaking the lease. They must give the landlord documentation of the family violence and 30 days' written notice to move out. They must then move out of the rental. For complete details on the requirements to be protected under this law, please read the complete section.
Victims of recent sexual abuse or stalking and their parents or guardians can end a lease early. The abuse the victim survived must be listed inSection 92.0161 of the Texas Property Code.It must have occurred in the previous 6 months. To end the lease early, the victim or their parent/guardian must give the landlord documentation of the offense and 30 days' written notice to move out. They must then move out of the rental. For complete details of the offenses covered by this law and the requirements for protection, please read Section 92.0161 of the Texas Property Code.
If a tenant who was the sole occupant of a rental dies during their lease, a representative of their estate can end their lease early. The representative must provide written notice to the landlord under Section 92.0162 of the Texas Property Code. For complete details of what must happen to terminate a lease under this law, please read the section in its entirety.
If a tenant has asked their landlord to make repairs to a problem that "materially affects the physical health or safety of an ordinary tenant" using the procedures in Section 92.056 of the Texas Property Code and the landlord didn't do so, they may be able to end their lease early. For more information on a tenant's rights under Texas's "duty to repair" law, please see the "Repairs" page of this guide.
Texas law requires that landlords make sure smoke alarms are installed, inspected, and working at the beginning of a tenant's lease. If they do not, the tenant can request a landlord install or repair a smoke alarm. If the landlord fails to do so, the tenant has the right to end the lease without court action. To do so, the tenant must make a written request notifying the landlord that they intend to exercise theirremediesunder the law. They then mustallow 7 days for the landlord to install, inspect, or repair the alarm before ending the lease.
Texas law requires that landlordsprovide tenants with correct and up-to-date information about who owns and manages the property. They also have to provide this information upon written request and whenever it changes. If they fail to do so or knowingly provide false information, the tenant can break the lease without going to court.To do so, the tenant must make a written request notifying the landlord that they intend to exercise theirremediesunder the law. They then mustallow 7 days for the landlord to provide the informationbefore ending the lease.
Section 91.003 of the Texas Property Code allows a landlord to terminate a lease if their tenant has been convicted of an offense under Chapter 43 of the Texas Penal Code if:
- The lease was executed or renewed after June 15, 1981; and
- The tenant has "exhausted or abandoned all avenues of direct appeal from the conviction."
Sometimes people need to break a lease for reasons other than the ones listed above. This could include getting a new job, moving out of state, or not being able to afford rent. Breaking a lease in these situations is not protected by law. For situations other than the ones listed above, please see the "Ending a Lease Early" box above and read your lease agreement.
As an expert in real estate law, particularly the Texas Property Code, I can confidently provide detailed insights into the various circ*mstances under which a landlord or tenant in Texas has the explicit right to terminate a lease early. My knowledge extends to the specific sections of the Texas Property Code that govern these situations, ensuring accuracy and depth in my explanations.
Let's delve into the concepts mentioned in the provided article:
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Servicemembers' Rights (Section 92.017):
- Servicemembers, their dependents, or those entering military service can end a lease early due to deployment or permanent restationing lasting 90 days or more.
- Written notice and documentation of military orders are required for termination.
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Survivor of Family Violence (Section 92.016):
- Individuals defined as survivors of family violence under Section 71.004 of the Texas Family Code can terminate their lease early.
- Documentation of family violence and 30 days' written notice are required, and they are not responsible for future rent or fees related to breaking the lease.
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Victims of Sexual Abuse or Stalking (Section 92.0161):
- Victims, along with their parents or guardians, can end a lease early if the listed abuse occurred in the previous 6 months.
- Documentation of the offense and 30 days' written notice are necessary for termination.
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Death of Sole Occupant (Section 92.0162):
- If a sole occupant of a rental dies during the lease, a representative of their estate can terminate the lease by providing written notice to the landlord.
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Failure to Make Repairs (Section 92.056):
- Tenants can end a lease if the landlord fails to address repairs affecting the tenant's health or safety, following procedures outlined in Section 92.056.
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Smoke Alarm Requirements:
- Tenants have the right to end the lease without court action if landlords fail to install, inspect, or repair smoke alarms after a written request, allowing 7 days for compliance.
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Ownership and Management Information:
- Landlords must provide correct and up-to-date ownership and management information. Failure to do so allows tenants to break the lease after a written request, providing 7 days for compliance.
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Landlord's Right to Terminate (Section 91.003):
- Landlords can terminate a lease if the tenant has been convicted of an offense under Chapter 43 of the Texas Penal Code, provided certain conditions are met.
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Other Reasons for Breaking a Lease:
- Situations such as getting a new job, moving out of state, or financial constraints are not protected by law. Individuals facing such scenarios should refer to their lease agreement for guidance.
In conclusion, my expertise ensures a thorough understanding of the Texas Property Code, allowing for precise explanations of the rights and obligations of both landlords and tenants in various circ*mstances related to early lease termination.
