Texas Lease Break Rules
At a glance
What you owe when you break a lease in Texas
Lease may set fee; landlord must mitigate; re-letting charge limited to 85% of 1 month's rent (set by statute).
Texas statute requires the landlord to make reasonable efforts to re-let the unit. Your financial obligation ends when a new tenant begins paying rent. If the landlord fails to advertise or show the unit, you can argue they failed their mitigation duty — and a court will reduce your liability for that idle period.
Penalty-free exit rights in Texas
Active-duty service members who receive deployment orders or a PCS may terminate any lease in Texas with 30 days' written notice under the federal Servicemembers Civil Relief Act. The termination is effective 30 days after the next rent payment is due.
Texas law gives victims of domestic violence, sexual assault, or stalking the right to terminate their lease early without penalty. Written notice and documentation (such as a police report, protective order, or letter from a certified advocate) are required. Review the full statute for the exact notice period.
If your Texas landlord has failed to maintain the unit in a habitable condition, you may be able to terminate the lease without penalty by claiming constructive eviction. You must typically: (1) give written notice of the problem, (2) allow a reasonable time to fix it, and (3) vacate promptly. Document all conditions and communications in writing.
Alternatives: sublet and lease buyout
Subletting: Subletting in Texas typically requires explicit landlord approval. Check your lease for the subletting clause. Finding a qualified replacement tenant and presenting them to your landlord is often the fastest way to end your lease obligation with minimal cost.
Lease buyout: You can always negotiate a cash-for-keys or lease buyout agreement directly with your landlord. A written agreement releasing you from further liability in exchange for payment is legally binding and enforceable. Get the release of liability in writing before handing over any money.
Texas law details
Texas requires landlord mitigation (§ 91.006). A re-letting fee (charged when tenant breaks a lease early and landlord must find a new tenant) is limited to 85% of one month's rent if the tenant has no good cause (§ 91.006(b)). DV/SA victims may terminate with 30 days' notice and documentation (§ 92.016). Constructive eviction available for habitability failure (§ 92.054).
Cite: Tex. Prop. Code §§ 91.006, 92.016, 92.054
Common questions about breaking a lease in Texas
How much will I owe if I break my lease in Texas?
In Texas, landlords are required to make reasonable efforts to find a replacement tenant. Once the unit is re-rented, your obligation stops. If the landlord fails to mitigate, a court will reduce what you owe. The maximum liability is capped at: Lease may set fee; landlord must mitigate; re-letting charge limited to 85% of 1 month's rent.
Can I break my lease because the apartment is uninhabitable in Texas?
Yes. Texas recognizes constructive eviction — if your landlord has failed to maintain the property in a habitable condition, you may be entitled to terminate the lease without penalty. You typically need to give written notice of the problem, allow a reasonable time for repair, and then vacate. Document everything (photos, written notices, repair requests).
Does Texas have a domestic violence lease-break right?
Yes. Texas law gives domestic violence, sexual assault, and/or stalking victims the right to terminate a lease early. You typically need to provide advance written notice (often 14–30 days) along with supporting documentation such as a protective order, police report, or letter from a certified advocate. Review your specific notice requirement in the data below.
What is the military exception to lease-breaking in Texas?
The federal Servicemembers Civil Relief Act (SCRA) applies in every state including Texas. Active-duty military members who receive deployment orders or a permanent change of station may terminate any lease with 30 days' written notice after delivering the notice. The termination takes effect 30 days after the first date on which the next rent payment is due.
Can I sublet my apartment instead of breaking my lease in Texas?
In Texas, subletting typically requires landlord approval. Your lease likely addresses this directly. If you find a qualified replacement tenant and the landlord unreasonably refuses, document the refusal — it may reduce what you owe in damages if you ultimately break the lease.