Texas Early Lease Termination for Family Violence or Military Orders

The Texas Property Code lets a tenant end a lease early and "avoid liability for future rent and any other sums due under the lease" in three situations: family violence (s. 92.016), certain sexual offenses or stalking (s. 92.0161), and certain military decisions (s. 92.017). A landlord who violates any of the three is liable for actual damages, a civil penalty equal to one month's rent plus $500, and attorney's fees.

Family violence: section 92.016

"Family violence" has the meaning in s. 71.004, Family Code. An "occupant" is "a person who has the landlord's consent to occupy a dwelling but has no obligation to pay the rent for the dwelling" (s. 92.016(a)).

Under (b-1), the tenant gives the landlord or its agent a copy of either (1) an order protecting the tenant or an occupant from family violence (a temporary injunction under Subchapter F, Chapter 6, Family Code; a temporary ex parte order under Chapter 83, Family Code; a protective order under Chapter 85, Family Code; or an order of emergency protection under Article 17.292, Code of Criminal Procedure), or (2) documentation of the family violence against the tenant or an occupant from a licensed health care services provider who examined the victim, a licensed mental health services provider who examined or evaluated the victim, or an advocate (as defined by s. 93.001, Family Code) who assisted the victim.

Section 92.016(c) says the tenant may exercise the rights "beginning on the date after all of the following events have occurred":

1. a judge signs an order described in (b-1)(1), if the tenant obtained one;
2. the tenant gives the landlord a copy of the relevant documentation;
3. the tenant gives the landlord written notice of termination "on or before the 30th day before the date the lease terminates";
4. the 30th day after the date the tenant gave that notice expires; and
5. the tenant vacates the dwelling.

Cotenant or occupant is the abuser, (c-1): the tenant may use the procedures in (b-1)(1)(A), (C), or (D) or (b-1)(2) and subsection (c), but need not give the (c)(3) notice. A temporary ex parte order under (b-1)(1)(B) is not on that list.

Prior rent, (d) and (f): the section "does not affect a tenant's liability for delinquent, unpaid rent or other sums owed to the landlord before the lease was terminated," except that under (f) the tenant is released from liability for delinquent, unpaid rent owed on the effective date of termination "if the lease does not contain language substantially equivalent to" this sentence: "Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer." Subsection (g): the right may not be waived.

Certain sexual offenses or stalking: section 92.0161

Subsection (c) covers a tenant who is a victim, or the parent or guardian of a victim, of sexual assault, aggravated sexual assault, indecency with a child, sexual performance by a child, continuous sexual abuse of young child or disabled individual, or an attempt to commit one of them, that "takes place during the preceding six-month period." The tenant gives the landlord a copy of documentation from a licensed health care services provider who examined the victim, a licensed mental health services provider who examined or evaluated the victim, an individual authorized under Chapter 420, Government Code, who provided services to the victim, or a protective order under Subchapter A, Chapter 7B, Code of Criminal Procedure (not a temporary ex parte order).

For stalking under s. 42.072, Penal Code, in the preceding six-month period "on the premises or at any dwelling on the premises" ((c-1)), the tenant provides a protective order under Subchapter A or B, Chapter 7B (not a temporary ex parte order), or provider documentation as above and a law enforcement incident report (or, if none is available, another law enforcement record). If that report identifies the victim by a pseudonym, a copy of the pseudonym form is also required.

Subsection (d) sets the same four events. A parent or guardian must reside with the victim ((i)). Whoever receives this information "may not disclose the information to any other person except for a legitimate or customary business purpose or as otherwise required by law" ((j)). Subsection (g) releases delinquent rent if the lease lacks language substantially equivalent to different wording: "Tenants may have special statutory rights to terminate the lease early in certain situations involving certain sexual offenses or stalking."

Military decisions: section 92.017

Under (b), a tenant who is a servicemember or a dependent of a servicemember may vacate and avoid liability if (1) the lease was executed by or on behalf of a person who, after executing it or during its term, enters military service, or (2) a servicemember, while in military service, executes the lease and afterward receives military orders for a permanent change of station, or to deploy with a military unit for 90 days or more. Under (c) the tenant must deliver written notice of termination and a copy of an appropriate government document showing entrance into military service (case (1)) or the military orders (case (2)).

• Monthly-rent lease: termination is effective "on the 30th day after the first date on which the next rental payment is due after the date on which the notice" is delivered ((d)(1)).
• Any other lease: effective on the last day of the month following the month in which the notice is delivered ((d)(2)).
• Refund: not later than the 30th day after the effective date, the landlord shall refund rent or other amounts paid in advance for any period after that date ((e)).
• Prior rent, (f)-(g): same structure and lease sentence as s. 92.016.
• Waiver, (i)-(j): allowed only in a signed writing separate from the lease that complies with federal law, and only if the tenant or a dependent living with the tenant moves into base housing or other housing within 30 miles; (j) lists exceptions.

Worked examples

Military: monthly rent due on the 1st, notice and orders delivered Monday, 19 October 2026. The next rental payment is due Sunday, 1 November 2026, so termination is effective Tuesday, 1 December 2026, and prepaid rent for any period after that date must be refunded by Thursday, 31 December 2026. No weekend extension rule applies in these sections.

Common mistakes

• Requiring a court order. Under s. 92.016(b-1)(2), documentation from a health care provider, mental health provider, or advocate is enough.
• Skipping the written 30-day notice. Only s. 92.016(c-1) (cotenant or occupant is the abuser) removes it.
• Counting the military effective date from the notice date instead of the next rent due date or the end of the following month.
• Not refunding prepaid rent after a military termination (s. 92.017(e)), or sharing a victim's documentation beyond what s. 92.0161(j) allows.

Sources

• Tex. Prop. Code s. 92.016 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.0161 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.017 — Texas Legislature, Property Code

Related guides

• Texas Security Deposit Deadline Calculator (2026) (free tool)
• Texas Security Deposit Law: The 30-Day Rule and 'Surrender' (2026)
• Texas Forwarding Address Rule: Does the 30-Day Clock Start? (92.107)
• Texas Itemized Deposit List: What to Include and What Not to Deduct
• Texas Bad-Faith Deposit Penalty: $100 + 3x + Fees (s. 92.109)
• Texas Notice to Vacate vs. Notice to Pay Rent or Vacate After SB 38
• How to Count Days for a Texas Eviction Notice (s. 24.0042)
• Delivering a Texas Notice to Vacate in 2026: The Four Methods
• Texas Eviction Steps in 2026: Petition, Hearing, Writ of Possession
• Texas Late Fee Rules: Two-Full-Days Rule, Reasonable Fees (2026)
• Can a Texas Landlord Change the Locks Over Unpaid Rent? (s. 92.0081)
• Texas Landlord Notices by E-mail: s. 92.113 vs. Notice to Vacate
• Why Texas City Eviction Ordinances Can't Override the Property Code
• Texas Landlord Lock Rekeying After Tenant Turnover (Sec. 92.156)
• Texas Tenant Repair and Deduct Rights and Timeline (Sec. 92.056)
• Texas Smoke Alarm Installation and Repair: Landlord and Tenant Duties

Informational only, not legal advice. Statute text checked against the Texas Property Code (Chapters 1, 24, 91 and 92) as published by the Texas Legislative Council on October 5, 2026. Statutes change every legislative session and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to a Texas landlord-tenant attorney.