Sep. 19, 2012
When someone is willing to put his or her life on the line to protect our country, we owe that person a lot. One small way we can repay our debt of gratitude is to provide some leeway to get out of a rental property if that service member is transferred to another location or deployed.
That’s just what section 92.017 of the Texas Property Code does.
A tenant who is or becomes a service member of the military may vacate the property and terminate the lease if that person receives official military orders for a permanent change of station or deployment for more than 90 days. The same is true for a dependent of a service member in the military.
This means that even if you are not currently a member of the armed forces, the section applies to you if you join the armed forces while you are in your lease. It also means that even if you are not currently a dependent (usually a spouse or child) of a member of the armed forces, the section applies to you if you become a dependent of a serviceman during your lease.
In order to terminate the lease under this section, you must give notice to the landlord/property manager complete with a copy of the official order from the military.
Real estate agents who are members of the Texas Association of REALTORS® have access to the Texas Association of REALTORS® Residential Lease, which clearly spells out this right in paragraph 28 A(1).
If you have any questions about this provision, talk with your Texas REALTOR®. If you don’t currently work with a Texas REALTOR®, you can find one in your area who specializes in property management by using the Find a Texas REALTOR® search.