TITLE 8.
LANDLORD AND TENANT
CHAPTER 91.
PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND
TENANTS
Notice for Terminating Certain Tenancies:
(a) A monthly tenancy or a tenancy from month to month may be
terminated by the tenant or the landlord giving notice of
termination to the other.
(b) If a notice of termination is given under Subsection (a) and
if the rent-paying period is at least one month, the tenancy
terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) one month after the day on which the notice is given.
(c) If a notice of termination is given under Subsection (a) and
if the rent-paying period is less than a month, the tenancy
terminates on whichever of the following days is the later:
(1) the day given in the notice for termination; or
(2) the day following the expiration of the period beginning on
the day on which notice is given and extending for a number of days
equal to the number of days in the rent-paying period.
(d) If a tenancy terminates on a day that does not correspond to
the beginning or end of a rent-paying period, the tenant is liable
for rent only up to the date of termination.
(e) Subsections (a), (b), (c), and (d) do not apply if:
(1) a landlord and a tenant have agreed in an instrument signed
by both parties on a different period of notice to terminate the
tenancy or that no notice is required; or
(2) there is a breach of contract recognized by law. Title
8, Ch. 91, § 91.001
Termination of Lease Because of Public Indecency
Conviction:
(a) A landlord may terminate a lease executed or renewed after
June 15, 1981, if:
(1) the tenant or occupant of the leasehold uses the property
for an activity for which the tenant or occupant or for which an
agent or employee of the tenant or occupant is convicted under
Chapter 43, Penal Code, as amended; and
(2) the convicted person has exhausted or abandoned all avenues
of direct appeal from the conviction.
(b) The fee owner or an intermediate lessor terminates the lease
by giving written notice of termination to the tenant or occupant
within six months after the right to terminate arises under this
section. The right to possess the property reverts to the landlord
on the 10th day after the date the notice is given.
(c) This section applies regardless of a term of the lease to
the contrary. Title 8, Ch. 91, § 91.003
Landlord's Breach of Lease; Lien:
(a) If the landlord of a tenant who is not in default under a
lease fails to comply in any respect with the lease agreement, the
landlord is liable to the tenant for damages resulting from the
failure.
(b) To secure payment of the damages, the tenant has a lien on
the landlord's nonexempt property in the tenant's possession and on
the rent due to the landlord under the lease. Title 8, Ch. 91,
§ 91.004
Subletting Prohibited:
During the term of a lease, the tenant may not rent the
leasehold to any other person without the prior consent of the
landlord. Title 8, Ch. 91, § 91.005
Landlord's Duty to Mitigate Damages:
(a) A landlord has a duty to mitigate damages if a tenant
abandons the leased premises in violation of the lease.
(b) A provision of a lease that purports to waive a right or to
exempt a landlord from a liability or duty under this section is
void. Title 8, Ch. 91, § 91.006
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