Legal FAQs for REALTORS®
— Landlord-Tenant Issues
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.
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