(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.
Tex. Prop. Code § 91.006
LANDLORD'S DUTY TO MITIGATE DAMAGES
Applied in 11 court decisions — leading case McGraw v. Brown Realty Co. (2006)
Most recently applied in Curtis, Dawn v. AGF Spring Creek/Coit II, LTD (August 2013)
Added by Acts 1997, 75th Leg., ch. 1205, Sec. 8, eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.