This article is for informational purposes only — not legal advice. For your specific situation, consider speaking with a tenant rights attorney or local legal aid office.
Breaking a Lease in Texas — What You’ll Owe and How to Minimize It
Texas is a mitigation state, which means your landlord is legally required to try to re-rent the unit after you leave. Your liability doesn’t automatically equal every remaining month of rent — it ends when a new tenant moves in.
The governing statute is Tex. Prop. Code § 91.006.
How Texas calculates your penalty
Your exposure is the rent that goes unpaid between the day you vacate and the day a new tenant begins paying. In most Texas cities — Austin, Dallas, Houston, San Antonio — apartments typically re-rent within 35 days. That means your real liability is often just one to two months of rent, not the full remaining balance.
On top of that, your landlord can charge a reletting fee — a separate cost to cover advertising and administrative expenses. This is common in Texas and is often spelled out in your lease. It’s separate from and in addition to any unpaid rent.
Early termination fees (ETF)
Texas permits landlords to include a flat early termination fee in the lease as an alternative to the per-month calculation. If your lease has an ETF clause, you pay that fee plus the reletting fee — your landlord cannot then also pursue you for months of unpaid rent on top of it.
Check your lease carefully for language like “early termination fee,” “lease buyout,” or “termination penalty.” If you find it, use the calculator to compare the ETF route against the standard mitigation calculation.
Protected exits in Texas
Active duty military
Federal law (SCRA) overrides Texas law. With qualifying military orders, you can exit any Texas lease with 30 days’ written notice and zero penalty.
Domestic violence survivors
Texas Property Code § 92.016 allows domestic violence survivors to terminate a lease early with 30 days’ written notice and supporting documentation (police report, protective order, or a written statement from a licensed health services provider or family violence center). No penalty applies.
Uninhabitable conditions
If your landlord has failed to maintain the unit — no working heat, serious mold, structural hazards — you may be able to claim constructive eviction and exit without penalty. Document all written complaints before vacating.
What to do before you leave
- Give 30 days’ written notice — this is the Texas statutory minimum. Send by certified mail with return receipt requested.
- Review your lease for ETF or reletting fee clauses — know the numbers before you negotiate.
- Offer to help find a replacement tenant — many Texas landlords will accept a lease assignment or credit you if you bring a qualified applicant.
- Document the unit’s condition — photos and video on move-out day protect your security deposit.
Estimate your penalty
Use the Texas lease break calculator to enter your rent and remaining months and see a best, likely, and worst-case estimate based on Texas law and current market conditions.