Introduction
In Texas, survivors of family violence have specific legal protections allowing them to terminate their lease early without financial penalty. This guide provides detailed information about these rights under Texas Property Code Sec. 92.016 and how to exercise them. While the terms family violence and domestic violence are used in the law, the reality is that any violence perpetrated by an intimate partner can qualify you to break your lease without owing for more than one month of the remaining lease.
Legal Protections for Family Violence Survivors in Texas
Overview
- Texas law allows tenants who are victims of family violence to terminate their lease early, vacate the dwelling, and avoid liability for future rent and other lease-related sums.
- These protections extend to situations where the family violence is committed by a cotenant or occupant of the dwelling.
Definition of Family Violence
Under this law, “family violence” has the meaning assigned by Section 71.004, Family Code.
Qualifying for Early Lease Termination
To qualify, a tenant must provide the landlord or the landlord’s agent with one of the following:
- A copy of one of these protective orders:
- A temporary injunction issued under Subchapter F, Chapter 6, Family Code
- A temporary ex parte order issued under Chapter 83, Family Code
- A protective order issued under Chapter 85, Family Code
- An order of emergency protection under Article 17.292, Code of Criminal Procedure
- Documentation of family violence from:
- A licensed health care services provider who examined the victim
- A licensed mental health services provider who examined or evaluated the victim
- An advocate as defined by Section 93.001, Family Code, who assisted the victim
Steps to Terminate Your Lease
- Obtain Necessary Documentation: Secure one of the qualifying documents listed above.
- Provide Documentation to Landlord: Give a copy of the relevant documentation to your landlord.
- Provide Written Notice:
- Give written notice of lease termination to the landlord at least 30 days before the intended termination date.
- Exception: If the family violence is committed by a cotenant or occupant, this 30-day notice is not required.
- Wait for Notice Period: Allow the 30-day notice period to expire (if applicable).
- Vacate the Dwelling: Move out of the property.
Timing and Effectiveness
- The lease termination becomes effective after all the above steps have been completed.
- If a protective order was obtained, the termination process can begin on the date the judge signs the order.
Landlord Obligations and Tenant Protections
- Landlords must accept the lease termination if all requirements are met.
- A landlord who violates this law is liable to the tenant for:
- Actual damages
- A civil penalty equal to one month’s rent plus $500
- Attorney’s fees
Additional Considerations
Prior Unpaid Rent
- Tenants remain liable for delinquent, unpaid rent or other sums owed before the lease termination.
- Exception: If the lease does not contain specific language about statutory rights to terminate early, the tenant is released from all liability for delinquent, unpaid rent.
Required Lease Language
Leases should contain language substantially equivalent to: “Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.”
Non-Waivable Right
A tenant’s right to terminate a lease under these circumstances cannot be waived.
Resources for Help
- National Domestic Violence Hotline: 1-800-799-SAFE (7233)
- Texas Council on Family Violence: https://tcfv.org/
- Texas Advocacy Project: https://www.texasadvocacyproject.org/
- Local women’s shelters or domestic violence organizations
- Legal aid societies specializing in housing law
- State Bar of Texas for attorney referrals
Final Thoughts
Understanding your rights under Texas law is crucial for safely navigating housing issues when facing family violence. If you’re unsure about your rights or how to proceed, don’t hesitate to reach out to local domestic violence support services or legal aid organizations. They can provide guidance tailored to your specific situation and help you navigate the legal process.
Remember, your safety and well-being are paramount. There is support available, and you have legal options to ensure your housing security while prioritizing your safety.