Legal FAQs
I signed a lease but haven't moved in yet. Don't I have three days to cancel the lease?
It's a common misconception that a tenant can cancel a lease within 3 days of signing. Our librarians have not found any Texas laws that set out an automatic grace period for canceling a lease agreement. Generally, a tenant would be bound by the terms of the lease agreement once it is signed.
The Austin Tenants' Council provides a list of common myths about leases in Texas, including the following:
Myth: A tenant has three days after signing a lease to cancel it without penalty sometimes called "buyer’s remorse."
Truth: Texas has no "buyer’s remorse" law for leases. A lease becomes binding as soon as it is signed.
Ending a lease early
Texas law only allows a tenant to end a lease early without penalties in certain circumstances. If a tenant breaks the lease outside of these circumstances, the tenant will still continue to own rent until the lease period is up or the landlord finds a new tenant.
However, a landlord is required to "mitigate damages" under Section 91.006 of the Texas Property Code. This means that a landlord must try to find a new tenant to reduce the amount of rent the former tenant owes under the lease. See the Ending the Lease page of our Landlord/Tenant Law guide for more information about these laws.
The law can be complex, so a tenant may wish to talk to an attorney before taking any action. For more information on finding an attorney, please see the library's Legal Help page.
Related FAQs & Guides
FAQs
- Do I have 3 days to return a purchase or cancel a contract in Texas?
- Can a landlord require that a tenant pay rent online?
- Can my landlord raise my rent?
Guides
Disclaimer: The State Law Library cannot tell you what a law means for your situation. Please contact an attorney for help determining what the law means for you. If you have questions or need help finding resources, please ask a librarian.
Last updated May 16, 2024