As a landlord in Texas, you will likely encounter renters who break their residential lease early. A lease is a binding contract between you and your renter, and both parties are expected to fulfill all the terms, including the renter staying for the full length of the lease.

There are various reasons why a renter may choose to break their lease early, such as buying a new home, getting a new job, or moving to another city. However, in most cases, a tenant who breaks a lease early is responsible for paying the entire rent for the rental unit remaining under the lease. 

It’s important to understand your rights as a landlord in these situations, so keep reading to learn more about breaking a lease in Texas. 

Unjustified Reasons for Breaking a Lease in Texas

While there are valid reasons to break a lease early in Texas, there are also situations where the reasons might not be considered justifiable by landlord-tenant law. The following are the unjustified reasons for early lease termination in Texas. 

• Job changes: New jobs, whether promotions or relocation, don’t typically qualify for lease termination.
• Moving closer to family or friends: While understandable, it’s not a legally acceptable reason.
• Upgrading or downsizing the living space: These are personal preferences and not legal justifications.
• Buying a home: The tenant is still responsible for fulfilling their rental agreement even after buying a house.
• Moving in with a partner: Although this can be exciting, this doesn’t give a tenant a legal right to break their lease.

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Breaking a lease without justification can lead to financial consequences. Including remaining rent payments, lease termination fees, and potential court costs. However, if a tenant would like to break their lease for one of the aforementioned reasons, the best course of action is to speak with the landlord to reach an agreement. 

Justified Reasons for Breaking a Lease in Texas

Under Texas law, a tenant may be able to break their lease legally for the following reasons. 

1. The Tenant Is an Active Duty Military Servicemember 

If your tenant is a servicemember and has received a deployment letter for active military duty, they can break the lease unconditionally under the Servicemembers Civil Relief Act. 

To do this, they must provide proof of the following. 

• That they signed the lease before entering active military service. 
• Show proof that they intend to stay on active duty for at least the next 90 days.
• Provide you with a written notice of their intention to move out, accompanied by a copy of the deployment letter. 

Once the tenant has done so, the lease will terminate 30 days after the next rent payment is due.

2. The Unit Is Uninhabitable

If you fail to meet the minimum health and safety standards for rental properties, your tenant may move out without further obligation to the agreement. 

A court would likely rule that you “constructively evicted” your tenant, which is illegal as per Texas eviction laws. It’s important to respond to tenant maintenance requests with urgency, especially if the requests are for issues that can impact their safety or health. Such issues include the following. 

• Faulty windows and doors. 
• Lack of smoke detectors. 
• Drafts, leaks, and lack of proper weatherproofing

If a tenant notifies you of those conditions and you fail to respond within a reasonable time, they may have a right to move out before the lease ends. 

3. The Landlord Is Harassing the Tenant

Harassing your tenant may be enough justification for them to leave. Some forms of harassment include failing to make repairs and answer a repair request in a timely and responsible manner, refusing to accept or otherwise acknowledge proper payment of rent, and withholding amenities that were previously allowed. 

As a landlord, it’s crucial to maintain a good relationship with your tenants and operate within legal boundaries. You can achieve this by hiring an expert property manager, and/or by:

• Familiarize yourself with your local landlord-tenant laws and regulations.
• Establishing clear communication channels with your tenants.
• Responding promptly and professionally to their inquiries and requests. 

4. The Tenant Is a Domestic Violence Victim

Landlords are required to disclose certain rights to their would-be tenants. Such as their right to move out in special circumstances involving domestic violence, sexual abuse, and sexual assault. 

All a tenant must do is show proof of the restraining order before breaking the lease. This will exempt them from paying the total rent due under the lease. 

5. The Landlord Entered the Tenant’s Unit Repeatedly Without Notice

Under Texas law, landlords must notify their tenants before entering their rented units. And while state law doesn’t specifically state the amount of notice, a 24-hour notice of intent to enter a rental premise is recommended. 

If you repeatedly enter a tenant’s unit without notice, the tenant may be able to terminate their lease without liability. 

6. The Tenant Is Disabled

A tenant in Texas with a disability may be able to break their lease early without penalty. This is according to both the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). 

Under Texas law, the following conditions qualify as either physical or mental disabilities. 

• Diabetes 
• Heart Diseases
• Epilepsy 
• Cerebral palsy
• Visual, speech, or hearing impairments
• HIV
• Multiple Sclerosis 

7. Landlord Retaliation 

A tenant may also be able to terminate their lease without penalty if they are a victim of landlord retaliation. Code 92.331 of the Texas Property Code sets forth specific instances that qualify as landlord retaliation. 

They include the following. 

• Interfering with the tenant’s use of common areas or amenities.
• Removing the tenant’s personal belongings from the property without the tenant’s permission.
• Spreading rumors about the tenant to other tenants or neighbors.

The consequences of engaging in such actions can be severe. You may be liable to civil penalties, actual damages, and legal costs, among others. 

Conclusion 

There you have it. All the justified and unjustified reasons for breaking a lease in Texas. Being a successful landlord first starts with understanding the tenets of the law. And when it comes to a tenant breaking the lease, you’ll know what you can and can’t do under Texas law. 

If you need expert help with managing your rental property, look no further than Specialized Property Management Houston! We know the local landlord-tenant laws and can help you navigate any rental property-related situation. Reach out today to learn more about our services. 

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.