Texas Property Code 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 § 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.
Terms Used In Texas Property Code 92.0162
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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.