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 specific statutory protections regarding lease termination and damages:
- 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 Offsets Upon Re-Rental: Amounts collected from a replacement tenant offset the former tenant's ongoing rent obligations for the remaining term, though the departing tenant may remain liable for rent accrued prior to re-letting, legitimate re-letting costs, or rental rate differentials as allowed by the lease and Texas law.
- 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: ____________"
Legal & Informational Disclaimer:
The statutory summaries, notice durations, and deposit refund deadlines provided for Texas are compiled from public state legislative codes (including Tex. Prop. Code § 91.001) for general computational reference. Local municipal rent stabilization ordinances (such as city rent control boards) may impose additional local restrictions. This tool provides mathematical rent apportionment and does not constitute formal legal counsel. For specific lease disputes, consult an attorney licensed in Texas or your local legal aid society.