Tex. Prop. Code § 91.001

Texas Prorated Rent Calculator & Legal Guide

Statutory guidelines for prorating rent in Texas. Understand 30-day termination notices, security deposit return rules, and tenant protections.

Texas Rent Calculator

Calculate move-in or move-out proration configured for Texas.

TX Statute Compliant
$
Calculated Amount Actual Days Formula
Total Prorated Rent Due
$750.00
Apportioned for occupied tenancy period
Daily Rent Rate $50.00 / day
Billable Tenancy 15 / 30 Days
Monthly Savings $750.00
Statutory Status Compliant
Tenancy Calendar
Occupied (Billed) Vacant (No Rent)
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Texas Rent Apportionment & Landlord-Tenant Codes

Statutory Summary: Tex. Prop. Code § 91.001

Texas Property Code Chapter 91 requires 30 days notice. Duty to mitigate damages applies under § 91.006.

Texas Landlord Statutory Duty to Mitigate Damages (Tex. Prop. Code § 91.006)

Texas law provides a critical statutory defense for tenants terminating leases early:

  • Mandatory Duty to Mitigate: Under Section 91.006 of the Texas Property Code, a landlord has an unavoidable statutory duty to make commercially reasonable efforts to re-rent the dwelling if a tenant leaves early. A lease provision that attempts to waive this duty is void.
  • Rent Apportionment Upon Re-Rental: The moment a replacement tenant begins paying rent, the departing tenant's prorated rent liability ceases immediately.
  • Security Deposit Accounting (Tex. Prop. Code § 92.103): Texas landlords must refund the security deposit within 30 days of move-out, provided the tenant provided a written forwarding address.

Official Sample Notice & Proration Settlement Template:

"To: [Landlord / Property Management Name]
Property Address: [Your Full Rental Address]

Please accept this letter as formal written notice pursuant to Tex. Prop. Code § 91.001 that I will vacate the premises on [Move-Out Date]. As our rental cycle ends on [Cycle End Date], my lawful tenancy for this final period spans exactly [Number of Days] days. Based on our monthly rent of $[Monthly Rent] and our state's calendar apportionment standards, the final prorated rent due is $[Calculated Amount]. Please direct my remaining security deposit of $[Deposit Amount] pursuant to state deposit return statutes within 30 Days to my forwarding address below.

Forwarding Address: [Your New Address]
Tenant Signature: _______________________ Date: ____________"

Frequently Asked Questions: Texas Rent Proration

If you have a fixed-term 12-month lease that ends on the last day of the month and you choose to leave early without landlord consent, you are generally liable for full rent until a new tenant moves in or the term expires. However, if you are on a month-to-month tenancy and provide a lawful 30-day notice under Tex. Prop. Code § 91.001, you are only legally liable for rent through the expiration date of your notice.

Under Texas statutes, landlords must return your security deposit within 30 Days following key surrender, along with an itemized accounting of any deductions made for unpaid rent or lawful repairs beyond normal wear and tear.