Can I break my lease because of domestic violence in Texas?

What the law says

Texas lets a tenant leave a lease early after family violence. Under section 92.016(b) of the Texas Property Code, a tenant who follows the section’s steps can end the lease, move out before the term ends, and avoid liability for future rent and other sums due under the lease for leaving early. The statute’s term is “family violence”, which section 92.016(a) of the Texas Property Code defines by pointing to section 71.004 of the Texas Family Code.

The violence can be against the tenant or an occupant. Section 92.016(a) of the Texas Property Code defines an occupant as someone the landlord has agreed may live in the home but who has no duty to pay the rent.

The tenant gives the landlord one of two kinds of proof. Under section 92.016(b-1) of the Texas Property Code, the first is a copy of an order protecting the tenant or an occupant: a temporary injunction under Subchapter F of Chapter 6 of the Family Code, a temporary ex parte order under Chapter 83, a protective order under Chapter 85, or an order of emergency protection under Article 17.292 of the Code of Criminal Procedure.

The second kind of proof is a record of the violence. Under section 92.016(b-1)(2) of the Texas Property Code, it can come from a licensed health care provider who examined the victim, a licensed mental health provider who examined or evaluated the victim, or an advocate as defined by section 93.001 of the Family Code who assisted the victim.

Then notice, and time. Under section 92.016(c) of the Texas Property Code, freedom from liability begins the day after all of these have happened: a judge has signed the order, if the tenant got one; the tenant has given the landlord a copy of the order or record; the tenant has given written notice of termination on or before the 30th day before the lease ends, that is, at least 30 days before its end date; the 30th day after that notice has passed; and the tenant has moved out.

The landlord cannot refuse. A landlord who violates the section is liable, under section 92.016(e) of the Texas Property Code, for actual damages, a civil penalty of one month’s rent plus $500, and attorney’s fees. And under section 92.016(g):

“A tenant’s right to terminate a lease before the end of the lease term, vacate the dwelling, and avoid liability under this section may not be waived by a tenant.”

What changes the answer

Who committed the violence. Under section 92.016(c-1) of the Texas Property Code, when the violence comes from a cotenant or an occupant, the tenant does not have to give the 30-day written notice. In that case the qualifying proof is a temporary injunction, a protective order, an order of emergency protection, or a record from a health care provider, mental health provider or advocate; a temporary ex parte order is not on that list.

Rent already owed. Under section 92.016(d) of the Texas Property Code, ending the lease does not cancel rent or other sums owed before the termination, with one exception.

What the lease says. Under section 92.016(f) of the Texas Property Code, a tenant who ends the lease this way is released from past-due rent owed on the termination date if the lease does not contain language substantially the same as:

“Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer.”

Other situations. Chapter 92 of the Texas Property Code has separate early-termination rules in section 92.0161, for certain sex offenses and stalking, and in section 92.017, for some military decisions; this page covers section 92.016 only.