Breaking Your Lease Due To Domestic Violence
Texas housing law (Texas Property Code §92.016) protects victim-survivors of family violence (domestic abuse), sexual assault, or stalking, allowing them to lawfully terminate a lease early when safety is at risk.
Required Documentation to Terminate Lease
A tenant may terminate the lease without further obligation if they are a victim-survivor of family violence, sexual assault, or stalking.
The tenant must notify the landlord in writing and provide at least one of the following forms of documentation:
- Valid Civil or Criminal Protective Order, such as:
- Family violence protective order
- Emergency protection order
- Documentation from a Qualified Third Party, such as:
- Medical or mental health professional
- Victim advocate or counselor
Notice Requirement
In most cases, the tenant must provide at least 30 days’ written notice before the termination date.
If the violence was committed by a co-tenant or occupant in the home, the 30-day notice requirement may not apply.
Financial Responsibility After Termination
A tenant who lawfully terminates a lease under Texas law:
- May not be charged future rent beyond the termination date
- May not be charged unlawful lease break penalties if termination is properly documented
- May still be responsible for rent owed through the notice period or termination date
Confidentiality
Landlords must not disclose the tenant’s status as a victim-survivor except with written consent or a court order.
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