How do you terminate a lease in Texas?

There are at least two ways a lease may be terminated in Texas. Some leases will terminate by their own terms, usually because the lease term has elapsed. For example, most residential apartment leases are for 12 months. At the end of the 12 months, the lease is terminated without further need for action by either the landlord or the tenant.

Another way a lease is terminated is if one party commits what constitutes as a breach of contract. The most common material breach of a lease is for the non-payment of rent. In this instance, landlords can terminate the lease if tenants break any agreement stated on the lease. Not every provision of a lease if breached, however, will constitute a material breach. For example, having a boyfriend or girlfriend move into the apartment who is not a party to the lease is not a material breach of the lease.

If you have unusual circumstances that cause you to want to remove your tenant from the property, you should contact an attorney to discuss whether the lease has been breached materially.