Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.055
CLOSING THE RENTAL PREMISES.
Operative Text
Sec. 92.055. CLOSING THE RENTAL PREMISES. (a) A landlord may close a rental unit at any time by giving written notice by certified mail, return receipt requested, to the tenant and to the local health officer and local building inspector, if any, stating that:(1) the landlord is terminating the tenancy as soon as legally possible; and(2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes.(b) After a tenant receives the notice and moves out:(1) the local health officer or building inspector may not allow occupancy of or utility service by separate meter to the rental unit until the officer certifies that he knows of no condition that materially affects the physical health or safety of an ordinary tenant; and(2) the landlord may not allow reoccupancy or reconnection of utilities by separate meter within six months after the date the tenant moves out.(c) If the landlord gives the tenant the notice closing the rental unit:(1) before the tenant gives a repair notice to the landlord, the remedies of this subchapter do not apply;(2) after the tenant gives a repair notice to the landlord but before the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563; or(3) after the tenant gives a repair notice to the landlord and after the landlord has had a reasonable time to make repairs, the tenant is entitled only to the remedies under Subsection (d) of this section and Subdivisions (3), (4), and (5) of Subsection (a) of Section 92.0563.(d) If the landlord closes the rental unit after the tenant gives the landlord a notice to repair and the tenant moves out on or before the end of the rental term, the landlord must pay the tenant's actual and reasonable moving expenses, refund a pro rata portion of the tenant's rent from the date the tenant moves out, and, if otherwise required by law, return the tenant's security deposit.(e) A landlord who violates Subsection (b) or (d) is liable to the tenant for an amount equal to the total of one month's rent plus $100 and attorney's fees.(f) The closing of a rental unit does not prohibit the occupancy of other apartments, nor does this subchapter prohibit occupancy of or utility service by master or individual meter to other rental units in an apartment complex that have not been closed under this section. If another provision of this subchapter conflicts with this section, this section controls. Acts 1983, 68th Leg., p. 3634, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 650, Sec. 4, eff. Aug. 28, 1989.
Under Tex. Prop. Code § 92.055, a landlord may close a rental unit by sending certified written notice to the tenant, local health officer, and building inspector, declaring an intent to demolish or permanently remove the unit from residential use. Once a tenant vacates, the unit cannot be reoccupied or have utilities reconnected by separate meter for at least six months. The timing of any prior repair notice from the tenant determines which remedies remain available, and a landlord who violates the reoccupancy or moving-expense rules faces liability of one month's rent plus $100 and attorney's fees.
Plain English — not legal advice.
Operators considering closing a unit under § 92.055 generally send certified mail with return receipt to the tenant, the local health officer, and the local building inspector before taking any closure action. Compliant operators also track whether a tenant has already submitted a repair notice, since the timing of that notice affects which financial obligations—such as paying actual moving expenses, prorating rent, and returning the security deposit—may apply. Reopening or reconnecting separate-meter utilities within six months of the tenant's move-out date triggers statutory liability.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.055 preserves certain rights depending on when you gave your landlord a repair notice relative to when you received a closure notice. If the closure notice came after your repair notice, you may be entitled to reimbursement of actual moving costs, a prorated rent refund, and return of your security deposit; a landlord who fails to meet these obligations faces liability of one month's rent plus $100 plus attorney's fees. Tenants can explore these rights by contacting a local tenant-rights organization or reviewing the statute directly.
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.
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Rules and statutes that cite this regulation