Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.0162
RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH.
Operative Text
Sec. 92.0162. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING TENANT'S DEATH. (a) A representative of the estate of a tenant who dies before the expiration of the tenant's lease and was, at the time of the tenant's death, the sole occupant of a rental dwelling may terminate the tenant's rights and obligations under the lease and may vacate the leased premises and avoid liability for future rent and any other sums due under the lease for terminating the lease and vacating the leased premises before the end of the lease term if:(1) the representative provides to the landlord or the landlord's agent written notice of the termination of the lease under this section;(2) the deceased tenant's property is removed from the leased premises in accordance with Section 92.014(c) or (d); and(3) the representative signs an inventory of the removed property, if required by the landlord or the landlord's agent.(b) Termination of a lease under this section is effective on the later of:(1) the 30th day after the date on which the notice under Subsection (a) was provided; or(2) the date on which all of the conditions in Subsection (a) have been met.(c) After receipt of the notice provided under Subsection (a), the landlord shall provide a copy of the written lease agreement to the person who provided the notice on written request of that person.(d) This section does not affect the obligations or liability of the tenant or the tenant's estate under the lease before the lease is terminated under this section, including the liability of the tenant or the tenant's estate for:(1) delinquent, unpaid rent; and(2) damages to the leased premises not caused by normal wear and tear.(e) A landlord or landlord's agent who lawfully permits a person described by Subsection (a) to enter or facilitates the person's entry into the leased premises under this section is not liable for an act or omission that arises in connection with permitting or facilitating the entry. Added by Acts 2019, 86th Leg., R.S., Ch. 1349 (H.B. 69), Sec. 1, eff. January 1, 2020.
Under Texas Property Code § 92.0162, when a tenant who was the sole occupant of a rental unit dies before their lease ends, the estate's representative has a legal pathway to end the lease early without incurring liability for future rent or early-termination fees. To trigger this protection, the representative must provide written notice to the landlord, remove the deceased tenant's belongings according to the procedures in § 92.014(c) or (d), and sign a property inventory if the landlord requests one. Termination becomes effective 30 days after notice is given or once all required conditions are met, whichever comes later, and the estate remains responsible for any unpaid rent or damages beyond normal wear and tear that accrued before termination.
Plain English — not legal advice.
Under § 92.0162, operators managing a property where a sole-occupant tenant has died generally maintain records of written termination notices received from estate representatives and track the 30-day termination timeline from the date of that notice. Compliant operators typically provide a copy of the written lease to the estate representative upon written request, and may require a signed inventory of removed property as part of the move-out process. Landlords who lawfully permit the estate representative to access the unit to retrieve belongings are shielded from liability for acts or omissions arising from that entry, so documenting the access and removal process is a common practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are the representative of a deceased tenant's estate and the tenant was the sole occupant of a rental unit in Texas, § 92.0162 establishes a specific process that can end the lease and relieve the estate of liability for future rent. The process involves delivering written notice to the landlord, removing the tenant's property in accordance with § 92.014(c) or (d), and signing an inventory if the landlord requests one. The estate remains responsible for obligations that arose before termination, such as unpaid rent or damage beyond normal wear and tear, so consulting a tenant-rights organization or legal aid resource familiar with Texas probate and landlord-tenant law can help clarify what the estate may owe.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation