Breaking a Lease in Texas
Texas rules on breaking a lease for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Yes. A tenant may end the lease and avoid future rent if the tenant or an occupant is a victim of family violence (protective order or documentation from a licensed health care or mental health provider or a family violence advocate), or if the tenant or the tenant's resident child is a… Tex. Prop. Code Sec. 92.016; 92.0161
The rules in Texas
| Ending a lease: domestic violence | Yes. A tenant may end the lease and avoid future rent if the tenant or an occupant is a victim of family violence (protective order or documentation from a licensed health care or mental health provider or a family violence advocate), or if the tenant or the tenant's resident child is a victim of certain sexual offenses or stalking within the prior 6 months (documentation or protective order). Tenant gives written notice of termination; release takes effect after 30 days have passed and the tenant moves out (no 30-day notice needed where a cotenant/occupant committed the family violence and an order or documentation is provided). Past-due rent remains owed unless the lease lacks the statutory notice sentence about these rights. Landlord violation: actual damages + one month's rent + $500 + attorney's fees. Not waivable. Information received under Sec. 92.0161 may not be disclosed except for a legitimate business purpose or as required by law. |
|---|---|
| Ending a lease: military, medical, death | Military: a servicemember or dependent may terminate on entering military service, or on permanent change of station or deployment of 90+ days; written notice plus orders; for monthly-rent leases termination is effective 30 days after the next rent due date; prepaid rent refunded within 30 days; penalty one month's rent + $500 + damages and fees. Tenant death: representative of a deceased sole occupant may end the lease by written notice once property is removed; effective the later of 30 days after notice or when conditions are met. No statute for medical/disability or senior moves. A signed separate waiver of the military right is allowed only if the tenant moves into base housing or other housing within 30 miles, with exceptions (Sec. 92.017(j)). |
Related questions
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
Texas vs. neighboring states
| State | Ending a lease: domestic violence | Ending a lease: military, medical, death |
|---|---|---|
| Texas | Yes. A tenant may end the lease and avoid future rent if the tenant or an occupant is a victim of family violence (protective order or documentation from a licensed health care or mental health provider or a family violence advocate), or if the tenant or the tenant's resident child is a victim of certain sexual offenses or stalking within the prior 6 months (documentation or protective order). Tenant gives written notice of termination; release takes effect after 30 days have passed and the tenant moves out (no 30-day notice needed where a cotenant/occupant committed the family violence and an order or documentation is provided). Past-due rent remains owed unless the lease lacks the statutory notice sentence about these rights. Landlord violation: actual damages + one month's rent + $500 + attorney's fees. Not waivable. Tex. Prop. Code Sec. 92.016; 92.0161 | Military: a servicemember or dependent may terminate on entering military service, or on permanent change of station or deployment of 90+ days; written notice plus orders; for monthly-rent leases termination is effective 30 days after the next rent due date; prepaid rent refunded within 30 days; penalty one month's rent + $500 + damages and fees. Tenant death: representative of a deceased sole occupant may end the lease by written notice once property is removed; effective the later of 30 days after notice or when conditions are met. No statute for medical/disability or senior moves. Tex. Prop. Code Sec. 92.017; 92.0162 |
| Arkansas | No statutory right to end a lease early. Ark. Code § 18-16-112 protects victims of domestic abuse whose status is documented by a court order. A landlord may not terminate, refuse to renew, refuse to lease, or retaliate because of the tenant's or a household member's victim status. With the landlord's prior consent and at the tenant's expense, the locks may be changed, and the new key must go to the other party. The landlord may evict the abuser. The statute does not let the victim end the lease or escape liability for rent. Ark. Code § 18-16-112 | Not verified yet |
| Louisiana | Domestic abuse, stalking, cyberstalking (R.S. 9:3261.1; applies only to buildings with 6+ units, excluding owner-occupied buildings of 10 or fewer units): the tenant must assert in writing that they or a household member are a domestic abuse victim and request early termination; provide 'reasonable documentation' (a Uniform Abuse Prevention Order, or the statutory Certification of Domestic Abuse signed under oath by a qualified third party) of abuse on the premises within the past 30 days (for stalking/cyberstalking off-premises, a written declaration of why staying is a safety threat); commit in writing not to let the abuser access the unit; and, if asked, give the abuser's name and address. The landlord must then terminate the lease on a mutually agreed date within 30 days of the request; the tenant owes rent only through that date plus prior obligations, and the deposit may be withheld only as R.S. 9:3251 allows. Sexual assault (R.S. 9:3261.2, all leases): same process with documentation of a sexual assault in Louisiana within the past 60 days occurring after the lease was signed, using the statutory Certification of Sexual Assault or a protective order. La. R.S. 9:3261.1(E)-(F) (as amended by Acts 2026, No. 64 to add stalking/cyberstalking); La. R.S. 9:3261.2(B)-(D) | Military: an active or reserve member of the U.S. armed forces (including the National Guard and Coast Guard), or the member's spouse, may end a residential lease after permanent or initial change-of-station orders, or temporary duty orders of more than three months, to a place 35 miles or more away; discharge, release, or retirement; orders to live in government quarters; newly available government quarters (if the member told the landlord in writing at signing of a pending request); a service-related injury requiring more than 15 days in the hospital; or death in service. The tenant gives written notice effective at least 30 days later (and, for orders, no more than 60 days before departure) with a copy of the orders or other proof. The tenant owes no more than one month's rent as the early-termination charge if fewer than six months of the lease were completed, or half a month's rent if six months or more, and gets the full deposit back if the lease was otherwise followed. These rights cannot be waived, and a tenant who proves a violation may recover $200 plus other damages. Death: under the Civil Code, a lease does not end because the tenant dies, so there is no automatic right to end it early on a tenant's death. No Louisiana statute gives early-termination rights for medical reasons or age. La. R.S. 9:3261; La. C.C. art. 2717 |
| New Mexico | No statute. New Mexico has no right for domestic violence or sexual assault survivors to end a lease early. 2025 SB 400, which would have created one, died. The UORRA does give a defense: in an eviction based on a 3-day substantial-violation notice, being a victim of domestic violence or sexual assault is a defense. If the resident has filed for or obtained a temporary DV restraining order arising from the incident (or a prior one), the writ of restitution may not issue. Otherwise the court may evict only the accused resident and let the others stay. NMSA 1978, § 47-8-33(J); 2025 SB 400 (died) | Not verified yet |
| Oklahoma | A victim of domestic violence, sexual violence, or stalking may end a lease without penalty by giving the landlord written notice and a protective order within 30 days of the incident, unless the landlord waives that time limit. A landlord may not deny, refuse to renew, or end a tenancy because the applicant, tenant, or a household member is a victim or alleged victim, with or without a protective order. A landlord also may not refuse to rent to, or retaliate against, someone because they previously ended a lease as a victim. 41 O.S. § 111(F); 41 O.S. § 113.3 | Title 41 has no state-law early termination right for military service (beyond federal SCRA), medical reasons, disability, seniors, or tenant death. For a deceased sole tenant, § 130.1 covers only handling of property and refund of the deposit to the designated contact. 41 O.S. §§ 101-136; 41 O.S. § 130.1 |
City rules that may add to state law
More Texas rental law
- Texas Security Deposit Law
- Texas Eviction Laws
- Texas Notice to Vacate Rules
- Landlord Entry Rules in Texas
- Texas Repairs & Tenant Remedies
- Texas Rent Increase & Late Fee Laws
- Squatters' Rights in Texas
- Texas Rental Fee Rules
- Texas Section 8, Records & Right to Counsel
- Texas Mold, Pests, Heat & AC Rules
- Texas Privacy, Guests & Animal Rules
- Texas Landlord Selling the House
- Texas Lockouts, Utility Shutoffs & Retaliation
- Texas Subletting, Lease Endings & Tenant Death
- All Texas landlord-tenant rules
- Free legal help in Texas
Compare breaking a lease in all 50 states and DC →
Breaking a Lease in Texas FAQ
Can a domestic violence survivor break a lease in Texas?
Yes. A tenant may end the lease and avoid future rent if the tenant or an occupant is a victim of family violence (protective order or documentation from a licensed health care or mental health provider or a family violence advocate), or if the tenant or the tenant's resident child is a victim of certain sexual offenses or stalking within the prior 6 months (documentation or protective order). Tenant gives written notice of termination; release takes effect after 30 days have passed and the tenant moves out (no 30-day notice needed where a cotenant/occupant committed the family violence and an order or documentation is provided). Past-due rent remains owed unless the lease lacks the statutory notice sentence about these rights. Landlord violation: actual damages + one month's rent + $500 + attorney's fees. Not waivable. (Tex. Prop. Code Sec. 92.016; 92.0161)
When can a tenant break a lease without penalty in Texas?
Military: a servicemember or dependent may terminate on entering military service, or on permanent change of station or deployment of 90+ days; written notice plus orders; for monthly-rent leases termination is effective 30 days after the next rent due date; prepaid rent refunded within 30 days; penalty one month's rent + $500 + damages and fees. Tenant death: representative of a deceased sole occupant may end the lease by written notice once property is removed; effective the later of 30 days after notice or when conditions are met. No statute for medical/disability or senior moves. (Tex. Prop. Code Sec. 92.017; 92.0162)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.