PROPERTY CODE

TITLE 8. LANDLORD AND TENANT

CHAPTER 91. PROVISIONS GENERALLY APPLICABLE TO LANDLORDS AND 
TENANTS


	§ 91.001.  NOTICE FOR TERMINATING CERTAIN 
TENANCIES.  (a)  A monthly tenancy or a tenancy from month to month 
may be terminated by the tenant or the landlord giving notice of 
termination to the other.
	(b)  If a notice of termination is given under Subsection (a) 
and if the rent-paying period is at least one month, the tenancy 
terminates on whichever of the following days is the later:
		(1)  the day given in the notice for termination;  or                         
		(2)  one month after the day on which the notice is 
given.                  
	(c)  If a notice of termination is given under Subsection (a) 
and if the rent-paying period is less than a month, the tenancy 
terminates on whichever of the following days is the later:
		(1)  the day given in the notice for termination;  or                         
		(2)  the day following the expiration of the period 
beginning on the day on which notice is given and extending for a 
number of days equal to the number of days in the rent-paying 
period.
	(d)  If a tenancy terminates on a day that does not 
correspond to the beginning or end of a rent-paying period, the 
tenant is liable for rent only up to the date of termination.
	(e)  Subsections (a), (b), (c), and (d) do not apply if:                       
		(1)  a landlord and a tenant have agreed in an 
instrument signed by both parties on a different period of notice to 
terminate the tenancy or that no notice is required;  or
		(2)  there is a breach of contract recognized by law.                         

Acts 1983, 68th Leg., p. 3625, ch. 576, § 1, eff. Jan. 1, 1984.  
Amended by Acts 1985, 69th Leg., ch. 200, § 3, eff. Aug. 26, 
1985.


	§ 91.003.  TERMINATION OF LEASE BECAUSE OF PUBLIC 
INDECENCY CONVICTION.  (a)  A landlord may terminate a lease 
executed or renewed after June 15, 1981, if:
		(1)  the tenant or occupant of the leasehold uses the 
property for an activity for which the tenant or occupant or for 
which an agent or employee of the tenant or occupant is convicted 
under Chapter 43, Penal Code, as amended;  and
		(2)  the convicted person has exhausted or abandoned 
all avenues of direct appeal from the conviction.
	(b)  The fee owner or an intermediate lessor terminates the 
lease by giving written notice of termination to the tenant or 
occupant within six months after the right to terminate arises 
under this section.  The right to possess the property reverts to 
the landlord on the 10th day after the date the notice is given.
	(c)  This section applies regardless of a term of the lease 
to the contrary. 

Acts 1983, 68th Leg., p. 3627, ch. 576, § 1, eff. Jan. 1, 1984.            


	§ 91.004.  LANDLORD'S BREACH OF LEASE;  LIEN.  (a)  If 
the landlord of a tenant who is not in default under a lease fails to 
comply in any respect with the lease agreement, the landlord is 
liable to the tenant for damages resulting from the failure.
	(b)  To secure payment of the damages, the tenant has a lien 
on the landlord's nonexempt property in the tenant's possession and 
on the rent due to the landlord under the lease.

Acts 1983, 68th Leg., p. 3627, ch. 576, § 1, eff. Jan. 1, 1984.            


	§ 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.

Acts 1983, 68th Leg., p. 3627, ch. 576, § 1, eff. Jan. 1, 1984.            


	§ 91.006.  LANDLORD'S DUTY TO MITIGATE DAMAGES.  (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.

Added by Acts 1997, 75th Leg., ch. 1205, § 8, eff. Sept. 1, 1997.