Tex. Prop. Code Ann. §§ 91.001–91.006 § 91.006
LANDLORD'S DUTY TO MITIGATE DAMAGES.
Operative Text
Sec. 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, Sec. 8, eff. Sept. 1, 1997.
Under Tex. Prop. Code § 91.006, when a tenant leaves a rental property before the lease ends, the landlord is legally required to take reasonable steps to reduce the financial losses that result from that early departure—such as making a good-faith effort to re-rent the unit. The law also makes clear that any lease clause attempting to eliminate or waive this duty is unenforceable and void. This provision applies regardless of what a lease agreement may say to the contrary.
Plain English — not legal advice.
Tex. Prop. Code § 91.006 means that operators who face a tenant abandonment cannot simply let a unit sit vacant and bill the departing tenant for the full remaining rent without first making reasonable efforts to find a replacement tenant. Compliant property managers typically document their re-leasing efforts—such as advertising the unit, showing it to prospective tenants, and tracking responses—to demonstrate that mitigation steps were taken. Lease language that attempts to disclaim or waive this duty is void under the statute and will not protect an owner in a damages dispute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 91.006 establishes that a landlord cannot simply do nothing after a tenant leaves early and then demand the full remaining rent without having tried to re-rent the unit. If a landlord pursues a claim for unpaid rent following an early departure, a tenant may be able to raise the landlord's failure to mitigate as a defense to reduce the amount owed. Tenants in this situation may benefit from consulting a tenant-rights organization or legal aid provider familiar with Texas property law to understand how this provision might apply to their circumstances.
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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