Texas REALTORS® 2018 Winter Meeting | Feb. 9-13 | Austin, Texas

Legal FAQs for REALTORS® — Landlord-Tenant Issues
Domestic Violence

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Legal disclaimer

A tenant in one of my properties says he has been assaulted by another occupant and wants to vacate the property. Can he do that? (updated Sept. 4, 2014)

Yes, but only if the tenant complies with the requirements of the Section 92.016 of the Texas Property Code. This section gives a tenant the right to vacate a property and avoid liability for future rent and other amounts due under a lease following family violence in certain situations. This includes, but is not limited to, certain types of violence between lease occupants, regardless of whether they are related.

To exercise this early termination option when another occupant is involved, a tenant must obtain a court order as described in Section 92.016, deliver a copy of the order to the landlord, and vacate the property. The TAR Residential Lease (TAR 2001) includes a statutory notice to tenants regarding family violence, which helps landlords avoid other penalties and losses.

Legal Disclaimer: The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on TexasRealEstate.com. Any legal or other information found here, on TexasRealEstate.com, or at other sites to which we link, should be verified before it is relied upon.

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