How can a lease be terminated in the State of Texas?

Texas Property Code says that advance notice of move-out can be a condition for return of the security deposit if the requirement for advance notice is written into a lease and is underlined or in conspicuous bold print. Even if the lease does not require it, the tenant should give advance notice prior to moving.

If there is no written lease, either party can terminate a month-to-month rental agreement by giving 30 days written notice to the other party. If the rental agreement is week-to-week, 7 days written notice is required.

On what grounds can a landlord evict a tenant?

A landlord can evict a tenant for non-payment of rent, for violating a provision of the lease, if the lease has expired, or if no lease exists.

After giving the tenant proper notice, the landlord must proceed with an eviction action in the courts and obtain a court order. If the landlord obtains a Writ of Possession from the court, the landlord, under the supervision of a constable or sheriff, can remove the tenant and his / her belongings from the unit.

The landlord cannot illegally deny a tenant access to the rental unit or remove a tenant’s property without a court order, unless the removal of the property is the result of the tenant abandoning the property, or is the exercise of a landlord’s lien for unpaid rent. The landlord is also prohibited from removing doors, windows, mechanisms attached to doors or windows, furniture or fixtures or appliances supplied by the landlord unless they are being removed for a bona fide repair or replacement.

Under certain circumstances, a landlord can change the locks and lock out a tenant who is delinquent in rent payments. The lockout law states that (i) the tenant must be behind on rent; (ii) the landlord must give advance written notice to the tenant; (iii) the tenant does not have to pay any money in order to get a new key and regain entry into the rental unity, and (iv) a lockout is not an eviction. The landlord also has the right to exercise a landlord’s lien and seize any non-exempt property of the tenant (such as televisions, VCRs, stereos, computers, etc) in order to secure payment of delinquent rent, provided that there is a statement in a written lease, either underlined or in bold, that allows the landlord the right to enter the premises and remove the tenant’s property.



The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.

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