How to Break a Lease in Texas (Without Ruining Your Record)

Life happens. Maybe you got a job offer in another city, maybe your living situation changed, or maybe the apartment just isn't working out. Whatever the reason, breaking a lease in Texas is possible — but it's important to do it the right way.

What Does Your Lease Say?

The first step is always to read your lease agreement. Most leases in Texas include an early termination clause that spells out exactly what you need to do and what it will cost. Common terms include:

Early termination fee — usually 1–2 months' rent
Notice requirement — typically 30–60 days written notice
Rent responsibility — you may owe rent until a new tenant is found or until the fee is paid

Some leases offer a "buyout" option where you pay a flat fee (often 2 months' rent) and you're done. Others require you to keep paying until the unit is re-leased.

When You Can Break a Lease Without Penalty

Texas law allows tenants to break a lease without penalty in certain situations:

Military Deployment

Under the federal Servicemembers Civil Relief Act (SCRA), active-duty military members can terminate a lease early if they receive deployment orders or a permanent change of station.

Domestic Violence

Texas Property Code §92.016 allows victims of domestic violence, sexual assault, or stalking to break a lease early by providing documentation (like a protective order or police report) and 30 days' notice.

Landlord Fails to Repair

If your landlord fails to make necessary repairs that affect your health or safety (like no hot water, broken locks, or mold), Texas law may allow you to terminate the lease after giving proper written notice and a reasonable time to fix the issue.

Uninhabitable Conditions

If the apartment is genuinely uninhabitable — no running water, structural issues, pest infestations the landlord won't address — you may have grounds to break the lease.

How to Minimize the Cost

If none of the above apply and you simply need to leave, here's how to limit the financial impact:

Talk to your leasing office first — be upfront. Many property managers would rather work with you than deal with a messy situation. They may offer a reduced buyout or let you transfer to a sister property.
Give as much notice as possible — the more time they have to find a replacement tenant, the less rent you'll owe.
Help find a replacement — in Texas, landlords have a legal duty to make reasonable efforts to re-lease the unit. But you can speed things up by spreading the word yourself.
Get everything in writing — whatever you agree to, make sure it's documented. A verbal agreement won't protect you if there's a dispute.
Check for a lease transfer option — some complexes allow you to transfer your lease to another person, avoiding the early termination fee entirely.

Will It Affect Your Rental History?

If you break your lease properly — paying any required fees, giving proper notice, and leaving the unit in good condition — it generally won't show up as a negative mark. However, if you skip out without paying, the complex may:

Report the debt to collections
File an eviction (even if you've already left)
Leave a negative record that shows up on future rental applications

Bottom line: handle it professionally and you'll be fine.

Need Help Finding Your Next Place?

I'm Alex Wilton, a licensed apartment locator with Relive Realty. If you're navigating a lease break and need to find your next apartment in Austin, I can help — completely free to you.