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Housing Laws
Early Lease Termination for Victims of Family Violence
Who is protected by this housing law? What protections does this law offer?
If you (the tenant) are a victim of family violence (as defined by law), or if an occupant who is living in your home is a victim of family violence, you may be eligible to terminate your lease without penalty. The occupant must be living in your home with the landlord’s consent in order to be protected under this law.1
1 TX Property Code § 92.016(a)(2)
What steps do I have to take to end (terminate) my lease early?
To terminate your lease, you must meet all of the following criteria:
- you have one of the following:
- a temporary or permanent family violence protective order (explained here);
- a temporary injunction, issued as part of divorce proceeding that meets the terms of TX Family Code § 6.501;
- a magistrate’s order of emergency protection issued after the abuser was arrested for an offense involving family violence, sexual assault, stalking, or trafficking;
- documentation of family violence against you (the tenant) or an occupant from any of the following people:
- a licensed health care services provider who examined the victim;
- a licensed mental health services provider who examined or evaluated the victim; or
- an advocate who assisted the victim;
- you must give the landlord a copy of one of the above-mentioned orders or documentation;
- at least 30 days before the date on which you intend to end the lease, you must give the landlord written notice in which you state your plans to terminate the lease; and
- you vacate (leave) the apartment or home on the day that you indicated in step # 3.1
If the abuser is a co-tenant or occupant of your residence, you do not have to give the landlord 30 days’ advance notice of your lease termination. Instead, you can terminate your lease by completing steps #1 and #2, above, and you must vacate (leave) the apartment or home.2
1 TX Property Code § 92.016(b), (b-1), (c)
2 TX Property Code § 92.016(c-1)
Do I still have to pay any rent that I owed to the landlord before I terminated my lease?
Even if you terminate your lease, you will still have to pay the landlord any unpaid rent or other money that you already owed to the landlord before the lease was terminated, including rent for the month that you will be living there after you give the 30 days’ notice of termination. You will not have to pay rent for the months that would have been left on the lease after you leave the apartment or dwelling, assuming that you properly followed all of the steps.1
However, one thing to note is that according to the law, all leases must have language that says something like this: “Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.” If your lease does not have language like that, then the law states that you are not even responsible for any unpaid rent that you owed to your landlord before you ended your lease.2
If you are unsure whether or not you owe rent, you may want to talk to a lawyer who is familiar with these laws. Go to our TX Finding a Lawyer page for lawyer referrals.
1 TX Property Code § 92.016(d)
2 TX Property Code § 92.016(f)
Early Lease Termination for Victims of Sexual Assault, Sexual Abuse, or Stalking
Who is protected by this housing law? What protections does this law offer?
You may be eligible to end (terminate) your lease without penalty if you as the tenant are a victim, or if you are the parent or guardian of a child who is the victim, of any of the following:
- sexual assault;
- aggravated sexual assault;
- indecency with a child;
- sexual performance by a child;
- continuous sexual abuse of young child or disabled individual;
- an attempt to commit any of the above acts; or
- stalking.1
For all of the above, the crime or attempt must have happened within the past six months. For stalking, it must have happened either in the home or somewhere on the property (the premises).2
1 Tex. Prop. Code § 92.0161(b), (c), (c-1)
2 Tex. Prop. Code § 92.0161(c), (c-1)
What steps do I have to take to end (terminate) my lease early?
There are two main steps you need to take to terminate your lease without being held liable for breaking it:
- You must give the documentation listed below, depending on which crime or attempted crime was committed against you or your child;
- At least 30 days before the date you want to end the lease, you must give the landlord written notice that clearly states that you plan to end the lease; and
- Once the notice is given, you must leave (vacate) the home by the day that you said you would.1
Sexual assault or sexual abuse documentation
If you or your child is the victim of actual or attempted sexual assault or sexual abuse, you have to give your landlord or the landlord’s agent a copy of one of the following documents:
- a protective order for sexual assault, sexual abuse, indecent assault, stalking, or trafficking that was issued after notice to the abuser; or
- documentation of the actual or attempted sexual assault or sexual abuse from any of the following people:
- a licensed health care services provider who examined the victim;
- a licensed mental health services provider who examined or evaluated the victim;
- a sexual assault prevention and crisis services professional who provided services to the victim.2
Stalking documentation
If you or your child is the victim of stalking on the property, you have to give your landlord or the landlord’s agent a copy of the following:
- a protective order for sexual assault, sexual abuse, indecent assault, stalking, or trafficking that was issued after notice to the abuser; or
- both of the following:
- a law enforcement incident report or similar law enforcement record; and
- documentation of the stalking by any of the following professionals:
- a licensed health care services provider who examined the victim;
- a licensed mental health services provider who examined or evaluated the victim; or
- a sexual assault prevention and crisis services professional who provided services to the victim.3
Note: In either situation, if you are using a protective order, you must have a final protective order. A temporary ex parte order will not work.4
1 Tex. Prop. Code § 92.0161(d)
2 Tex. Prop. Code § 92.0161(c)
3 Tex. Prop. Code § 92.0161(c-1)
4 Tex. Prop. Code § 92.0161(c)(4); (c-1)(1)
Do I still have to pay any rent that I owed to the landlord before I terminated my lease?
Even if you terminate your lease, you will still have to pay the landlord any unpaid rent or other money that you already owed to the landlord before the lease was terminated, including rent for the month that you will be living there after you give the 30 days’ notice of termination. You will not have to pay rent for the months that would have been left on the lease after you leave the apartment or dwelling, assuming that you properly followed all of the steps.1
However, one thing to note is that according to the law, all leases must have language that says something like this: “Tenants may have special statutory rights to terminate the lease early in certain situations involving certain sexual offenses or stalking.” If your lease does not have language like that, then the law states that you are not even responsible for any unpaid rent that you owed to your landlord before you ended your lease.2
If you are unsure whether or not you owe rent, you may want to talk to a lawyer who is familiar with these laws. Go to our TX Finding a Lawyer page for lawyer referrals.
1 TX Property Code § 92.0161(e)
2 TX Property Code § 92.0161(g)
Protection from Retaliation for Calling 911
What protections does this law provide?
According to this law, your landlord cannot keep you from calling 911 or from getting other emergency assistance as long as you are calling for help that you actually need. Your call has to be based on your “reasonable belief” that you or someone else is in need of emergency help. Also, the landlord cannot limit the amount of times that law enforcement can be called to your residence, or charge you with any fines or penalties.1
Even if the landlord had language in your lease about not calling 911 or the police for help, it would be considered void and unenforceable. In other words, the landlord cannot say that you “agreed” to those terms just because you signed a lease where limitations or penalties were included – you can ignore that part of your lease.2
1 TX Property Code § 92.015(a)(1), (a)(2)
2 TX Property Code § 92.015(b)
What can I do if the landlord breaks the law?
If a landlord disobeys the law, you (the tenant) can take the landlord to court. In court, the judge can order that you get the following:
- a civil penalty in an amount equal to one month’s rent;
- any actual damages that you suffered as a result of the landlord breaking the law - for example, let’s say you stayed in a hotel because the landlord told you that you had to get out, you could sue for your hotel bill;
- court costs;
- an order that tells the landlord to do something or not do something, known as injunctive relief - for example, the judge can order that the landlord stop sending you letters to vacate the home every time you call 911; and
- reimbursement for attorney’s fees that you spent due to having to take the landlord to court due to his/her violation of this law.1
1 TX Property Code § 92.015(c)
