What we verified in “Breaking a lease early: your options and protections”

Statements and where we checked them

The statements with rules, figures or dates, with the exact place in the source and the date we checked them.

1. According to USAGov, before getting outside help in a dispute with a landlord, read your lease carefully and make sure you follow the rules you agreed to; find your state agency that handles tenant rights, such as the attorney general or housing agency; and you can look for affordable legal aid.

   Sources 1 · Tenant rights (USAGov, last updated April 15, 2026): 'Before getting outside help, read your lease carefully. Make sure you are following the rental rules you agreed to'; 'Find help from your state agency that addresses tenant rights'; 'your attorney general or housing agency, your state tenant rights handbook'; 'Learn how to find affordable legal aid' · Checked October 31, 2026

2. Under Texas law (Property Code §91.006), a landlord has a duty to mitigate damages if a tenant abandons the premises in violation of the lease, and a lease provision that tries to waive that duty is void.

   Sources 2 · Tex. Prop. Code §91.006: '(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' · Checked October 31, 2026

3. Under Texas law (Property Code §91.005), during the term of a lease the tenant may not rent the home to another person without the landlord's prior consent.

   Sources 2 · Tex. Prop. Code §91.005, 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' · Checked October 31, 2026

4. Under the Servicemembers Civil Relief Act (SCRA, 50 U.S.C. §3955), you can terminate the lease of a home occupied by you or your dependents if you signed it before entering military service and then entered, or if while in service you signed it and later received PCS orders or orders to deploy for at least 90 days, or if you signed it on receiving those orders and later received a stop movement order for an emergency for at least 30 days or indefinitely; and terminating it also ends your dependents' obligations under that lease.

   Sources 4 · 50 U.S.C. §3955(a)(1)–(2), (b)(1): 'may, at the lessee’s option, terminate the lease at any time after'; '(A) the lease is executed by or on behalf of a person who thereafter and during the term of the lease enters military service'; '(B) the servicemember, while in military service, executes the lease and thereafter receives military orders for a permanent change of station or to deploy'; 'for a period of not less than 90 days'; '(C)'; 'stop movement order'; 'for a period of not less than 30 days'; 'shall terminate any obligation a dependent of the lessee may have under the lease' · Checked October 31, 2026

5. Under the SCRA (50 U.S.C. §3955(c)), you terminate the lease by delivering to the landlord or its agent written notice with a copy of your military orders; you can deliver it by hand, by private business carrier, by mail with return receipt requested or by electronic means, such as the email address the landlord designated.

   Sources 4 · 50 U.S.C. §3955(c)(1)(A): 'by delivery by the lessee of written notice of such termination, and a copy of the servicemember’s military orders, to the lessor'; (c)(2): '(A) by hand delivery; (B) by private business carrier; (C) by placing the written notice in an envelope with sufficient postage and with return receipt requested'; '(D) by electronic means, including— (i) the direct delivery of material to an electronic address designated by the lessor' · Checked October 31, 2026

6. Under the SCRA (50 U.S.C. §3955(d)–(f)), if rent is paid monthly, termination takes effect 30 days after the first date the next rent payment is due after the notice is delivered; rent owed until then is paid on a prorated basis; the landlord may not impose an early termination charge, though you still owe what the lease provides, such as reasonable charges for excess wear; and rent paid in advance for after that date must be refunded within 30 days.

   Sources 4 · 50 U.S.C. §3955(d)(1)(A): 'that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered'; (e)(1): 'shall be paid on a prorated basis. The lessor may not impose an early termination charge'; 'including reasonable charges to the lessee for excess wear'; (f): 'shall be refunded to the lessee by the lessor'; 'within 30 days of the effective date of the termination' · Checked October 31, 2026

7. Under the SCRA (50 U.S.C. §3955(a)(3)–(4)), if the servicemember dies while in military service, the spouse or dependent may terminate the lease during the year after the death; and if the servicemember suffers a catastrophic injury or illness in service, they may terminate it during the following year.

   Sources 4 · 50 U.S.C. §3955(a)(3): 'The spouse or dependent of the lessee on a lease described in subsection (b) may terminate the lease during the one-year period beginning on the date of the death of the lessee, if the lessee dies while in military service'; (a)(4): 'If the lessee on a lease described in subsection (b) incurs a catastrophic injury or illness during a period of military service'; 'during the one-year period'; 'the lessee may terminate the lease' · Checked October 31, 2026

8. According to the Department of Justice, its Civil Rights Division enforces the SCRA; if you believe your SCRA rights were violated, contact your local military legal assistance office; and if you are not eligible for that assistance, you can submit a complaint to the Department, which cannot investigate every complaint or act as your lawyer.

   Sources 5 · Servicemembers and Veterans Initiative, How We Can Help: 'If you believe your rights under the SCRA have been violated, please contact your local military legal assistance office'; 'If you are not eligible for military legal assistance services and would like the Department to evaluate your claim, please submit a complaint'; 'we are unable to investigate every SCRA complaint we receive'; 'we cannot form an attorney-client relationship'; Financial and Housing Rights: 'The Civil Rights Division enforces the Servicemembers Civil Relief Act (SCRA)' · Checked October 31, 2026

9. Under HUD's rule (24 CFR §5.2005(e)), in housing covered by VAWA, a tenant who is a victim of domestic violence, dating violence, sexual assault or stalking qualifies for an emergency transfer if they expressly request it and reasonably believe there is a threat of imminent harm from further violence if they stay in the same unit.

   Sources 6 · 24 CFR §5.2005(e)(2): 'qualifies for an emergency transfer if: (i) The tenant expressly requests the transfer; and (ii)(A) The tenant reasonably believes there is a threat of imminent harm from further violence if the tenant remains within the same dwelling unit' · Checked October 31, 2026

10. According to HUD, a survivor protected by VAWA can request an emergency transfer for safety reasons related to the violence, and if they have a Section 8 voucher they must be allowed to move with continued assistance.

    Sources 8 · Violence Against Women Act (VAWA): 'Can request an emergency transfer from the housing provider for safety reasons related to the VAWA violence/abuse committed against them'; 'Must be allowed to move with continued assistance, if the survivor has a Section 8 Housing Choice Voucher' · Checked October 31, 2026

11. Under HUD's rule (24 CFR §5.2011), the VAWA rules do not override any federal, state or local law that gives victims greater protection.

    Sources 7 · 24 CFR §5.2011(a): 'Nothing in this subpart shall be construed to supersede any provision of any Federal, State, or local law that provides greater protection than this section for victims of domestic violence, dating violence, sexual assault, or stalking' · Checked October 31, 2026

12. Under Texas law (Property Code §92.016), a tenant may terminate the lease, move out and avoid future rent by giving the landlord a copy of a protective order or documentation of family violence from a health care provider, mental health provider or victim advocate, giving written notice at least 30 days before and moving out; if a cotenant or occupant committed the violence, that notice is not required; the tenant still owes past-due rent unless the lease lacks the notice about these special rights; and the right cannot be waived.

    Sources 3 · Tex. Prop. Code §92.016(b): 'may vacate the dwelling and avoid liability for future rent'; (b-1): 'a copy of one or more of the following orders'; 'a copy of documentation of the family violence'; 'a licensed health care services provider'; 'a licensed mental health services provider'; 'an advocate'; (c)(3): 'written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates'; (c-1): 'is not required to provide the notice'; (d): 'does not affect a tenant’s liability for delinquent, unpaid rent'; (f): 'Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer'; (g): 'may not be waived by a tenant' · Checked October 31, 2026

13. Under California law (Civil Code §1946.7), a tenant may give notice ending the tenancy if they, a household member or an immediate family member was a victim of domestic violence, sexual assault, stalking, human trafficking, elder abuse or other violent crimes; the notice is in writing with a protective order, a police report or documentation from a qualified third party; it is given within 180 days of the act, report or order; the tenant pays rent for no more than 14 days after the notice; and the landlord may not keep the deposit because of that termination.

    Sources 9 · Cal. Civ. Code §1946.7(a): 'A tenant may notify the landlord that the tenant intends to terminate the tenancy if the tenant, a household member, or an immediate family member was the victim'; '(1) Domestic violence'; '(3) Stalking'; '(4) Human trafficking'; (b): 'shall be in writing'; 'protective order'; 'written report by a peace officer'; 'Documentation from a qualified third party'; (d): 'within 180 days'; (e): 'responsible for payment of rent for no more than 14 calendar days following the giving of the notice'; (f): 'a landlord shall not, due to the termination, require a tenant who terminates a lease or rental agreement pursuant to this section to forfeit any security deposit money' · Checked October 31, 2026

14. According to the Justice Department's Office on Violence Against Women, if you are in immediate danger call 911; and the National Domestic Violence Hotline, 1-800-799-7233, and the National Sexual Assault Hotline, 1-800-656-4673, can connect you with local services.

    Sources 10 · Local Resources: 'If you are in immediate danger, call 911'; 'National hotline organizations can connect survivors with local direct service providers'; 'National Domestic Violence Hotline 1-800-799-7233'; 'National Sexual Assault Hotline 1-800-656-4673' · Checked October 31, 2026

15. According to the LSC, it is an independent nonprofit established by Congress to fund civil legal aid for low-income people in every state, the District of Columbia and the territories; on its website you enter an address or city to find the nearest organization, and LawHelp.org has free legal information and forms.

    Sources 11 · I Need Legal Help: 'LSC is an independent nonprofit established by Congress in 1974 to provide financial support for civil legal aid to low-income Americans'; 'in every state, the District of Columbia, and U.S. Territories'; 'enter an address or city below to find an LSC-funded legal aid organization near you'; 'You can also visit LawHelp.org' · Checked October 31, 2026