TEXAS PROPERTY CODE

TITLE 8. LANDLORD AND TENANT

CHAPTER 92. RESIDENTIAL TENANCIES

SUBCHAPTER A. GENERAL PROVISIONS


	§ 92.017. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING 
CERTAIN DECISIONS RELATED TO MILITARY SERVICE.  (a) For purposes of 
this section, " dependent," "military service," and 
"servicemember" have the meanings assigned by 50 App. U.S.C. 
Section 511.
	(b)  A tenant who is a servicemember or a dependent of a 
servicemember may vacate the dwelling leased by the tenant and 
avoid liability for future rent and all other sums due under the 
lease for terminating the lease and vacating the dwelling before 
the end of the lease term if:
		(1)  the lease was executed by or on behalf of a person 
who, after executing the lease or during the term of the lease, 
enters military service;  or
		(2)  a servicemember, while in military service, 
executes the lease and after executing the lease receives military 
orders:
			(A)  for a permanent change of station;  or                                  
			(B)  to deploy with a military unit for a period of 
90 days or more.       
	(c)  A tenant who terminates a lease under Subsection (b) 
shall deliver to the landlord or landlord's agent:
		(1)  a written notice of termination of the lease;  and                       
		(2)  a copy of an appropriate government document 
providing evidence of the tenant's entrance into military service 
if Subsection (b)(1) applies or a copy of the servicemember's 
military orders if Subsection (b)(2) applies.
	(d)  Termination of a lease under this section is effective:                   
		(1)  in the case of a lease that provides for monthly 
payment of rent, on the 30th day after the first date on which the 
next rental payment is due after the date on which the notice under 
Subsection (c)(1) is delivered;  or
		(2)  in the case of a lease other than a lease described 
by Subdivision (1), on the last day of the month following the month 
in which the notice under Subsection (c)(1) is delivered.
	(e)  A landlord, not later than the 30th day after the 
effective date of the termination of a lease under this section, 
shall refund to the residential tenant terminating the lease under 
Subsection (b) all rent or other amounts paid in advance under the 
lease for any period after the effective date of the termination of 
the lease.
	(f)  Except as provided by Subsection (g), this section does 
not affect a tenant's liability for delinquent, unpaid rent or 
other sums owed to the landlord before the lease was terminated by 
the tenant under this section.

Text of subsec. (g) effective January 1, 2006
	(g)  A tenant who terminates a lease under Subsection (b) is 
released from all liability for any delinquent, unpaid rent owed to 
the landlord by the tenant on the effective date of the lease 
termination if the lease does not contain language substantially 
equivalent to the following:
		"Tenants may have special statutory rights to terminate 
the lease early in certain situations involving family violence or 
a military deployment or transfer."
	(h)  A landlord who violates this section is liable to the 
tenant for actual damages, a civil penalty in an amount equal to the 
amount of one month's rent plus $500, and attorney's fees.
	(i)  Except as provided by Subsection (j), a tenant's right 
to terminate a lease before the end of the lease term, vacate the 
dwelling, and avoid liability under this section may not be waived 
by a tenant.
	(j)  A tenant and a landlord may agree that the tenant waives 
a tenant's rights under this section if the tenant or any dependent 
living with the tenant moves into base housing or other housing 
within 30 miles of the dwelling.  A waiver under this section must 
be signed and in writing in a document separate from the lease and 
must comply with federal law.  A waiver under this section does not 
apply if:
		(1)  the tenant or the tenant's dependent moves into 
housing owned or occupied by family or relatives of the tenant or 
the tenant's dependent;  or
		(2)  the tenant and the tenant's dependent move, wholly 
or partly, because of a significant financial loss of income caused 
by the tenant's military service.
	(k)  For purposes of Subsection (j), "significant financial 
loss of income" means a reduction of 10 percent or more of the 
tenant's household income caused by the tenant's military service.  
A landlord is entitled to verify the significant financial loss of 
income in order to determine whether a tenant is entitled to 
terminate a lease if the tenant has signed a waiver under this 
section and moves within 30 miles of the dwelling into housing that 
is not owned or occupied by family or relatives of the tenant or the 
tenant's dependent.  For purposes of this subsection, a pay stub or 
other statement of earnings issued by the tenant's employer is 
sufficient verification.

Added by Acts 2005, 79th Leg., ch. 348, § 1, eff. June 17, 2005.