Tex. Prop. Code Ann. §§ 91.001–91.006 § 91.003
TERMINATION OF LEASE BECAUSE OF PUBLIC INDECENCY CONVICTION.
Operative Text
Sec. 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, Sec. 1, eff. Jan. 1, 1984.
Under Tex. Prop. Code § 91.003, a landlord has the legal authority to end a lease—regardless of what the lease itself says—when a tenant, occupant, or their agent or employee is convicted of a public indecency offense under Chapter 43 of the Texas Penal Code and all direct appeals from that conviction have been exhausted or abandoned. The landlord exercises this right by delivering written notice of termination within six months of the right arising, after which the right to possess the property reverts to the landlord ten days after notice is given. This provision applies to leases executed or renewed after June 15, 1981.
Plain English — not legal advice.
Property owners and managers operating under Tex. Prop. Code § 91.003 generally track the status of any criminal proceedings involving a tenant, occupant, or their agents when a Chapter 43 public indecency conviction is at issue, since the termination right does not arise until all direct appeals are exhausted or abandoned. A compliant operator delivers written notice of lease termination within the six-month window after that right arises, understanding that possession reverts on the tenth day following notice. Because this provision overrides contrary lease terms, operators typically ensure their notice procedures are well-documented and timely.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 91.003 grants landlords a specific, conditional right to terminate a lease tied to a public indecency conviction under Chapter 43 of the Texas Penal Code—but that right does not arise until all direct appeals from the conviction have been exhausted or abandoned, and the landlord must act within a six-month window by providing written notice. Tenants who receive such a notice may want to review whether the statutory conditions were actually met, including the timing and basis of the notice. Tenant-rights organizations or a licensed Texas attorney can help evaluate whether the termination was carried out in accordance with the requirements of § 91.003.
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 Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation