Breaking a Lease Early in Texas After Family Violence or Assault

If you or someone in your household is a victim of family violence, sexual assault, or stalking, Texas law gives you a specific, protected right to get out of your lease early — without owing future rent — as long as you follow the required steps. This guide walks through exactly what the law requires, because getting the process right matters for the protection to apply.

The right to terminate under Texas Property Code §92.016

Under Tex. Prop. Code §92.016, a tenant may terminate the lease, vacate, and avoid liability for future rent if they were a victim of family violence (as defined by Texas Family Code §71.004) and follow the required steps. A related section, §92.0161, extends the same kind of protection to victims of certain sexual offenses and stalking. Both sections also cover a tenant terminating on behalf of a qualifying "occupant" — someone who lives in the unit with the landlord's consent but isn't on the lease, such as a child.

What you need to provide your landlord

To exercise this right, you generally need to give your landlord a copy of one of the following:

• A protective order (a temporary injunction, a temporary ex parte order, a protective order under Family Code Chapter 85, or an order of emergency protection), or
• Documentation of the family violence, assault, or stalking from a licensed health care provider who examined you, a licensed mental health provider who examined or evaluated you, or (for family violence) a qualifying victim's advocate.

For stalking specifically, documentation can also include a law enforcement incident report along with provider documentation. If the violence was committed by a cotenant or occupant of your own unit, §92.016(c-1) allows you to skip the 30-day advance written notice step described below (though the order/documentation requirement still applies).

The steps, in order

1. Obtain a qualifying protective order or documentation — see the list above.
2. Give your landlord a copy of that order or documentation.
3. Give your landlord written notice of lease termination, at least 30 days before the date you want the lease to end (unless the exception above applies because a cotenant or occupant committed the violence).
4. Wait for that 30-day period to run, then vacate the unit.

Termination and release from future liability take effect the day after all of these steps are complete. This does not erase rent or other amounts you already owed before terminating — you're still responsible for delinquent rent that came due earlier, just not for rent after you've properly terminated and vacated.

Your landlord's lease should already tell you this right exists

Texas law requires that if a lease doesn't include notice substantially similar to: "Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence or a military deployment or transfer" (or the equivalent for sexual offenses/stalking under §92.0161), then a tenant who terminates under this section is released even from delinquent, unpaid rent that would otherwise still be owed. In other words: if your lease is missing this required notice, the protection is even stronger.

What if your landlord doesn't honor this?

A landlord who violates §92.016 or §92.0161 is liable to the tenant for actual damages, a civil penalty equal to one month's rent plus $500, and attorney's fees. This right also cannot be waived by a tenant — a lease clause trying to sign it away is not enforceable.

Frequently asked questions

Do I need a protective order, or is documentation from a doctor or counselor enough?

Either works. Under §92.016, you can provide a qualifying protective order (several types count) or documentation from a licensed health care provider, licensed mental health provider, or qualifying victim's advocate. You don't need both — one is sufficient.

How much notice do I have to give before I move out?

Generally at least 30 days' written notice before your lease terminates, after you've already given your landlord the required order or documentation. If the violence was committed by a cotenant or occupant of your own unit, you can skip this 30-day advance-notice requirement under §92.016(c-1).

Will I still owe rent I already missed before I terminate?

Usually yes — this right releases you from future rent after proper termination, not rent that was already delinquent beforehand. The one exception: if your lease doesn't contain the required statutory-rights notice described above, you're released from that delinquent rent too.

Does this cover a family member living with me who isn't on the lease?

Yes — the law's definition of "occupant" covers someone who lives in the unit with the landlord's consent but has no obligation to pay rent, such as a child, and you can exercise this right on their behalf as well as your own.

What if my landlord refuses to let me out of the lease after I've followed the steps?

They're violating the statute, and you can pursue actual damages, a civil penalty of one month's rent plus $500, and attorney's fees against them. Keep copies of everything you provided and when you provided it.

This is a serious, time-sensitive process — if you're in immediate danger, contact local law enforcement or the National Domestic Violence Hotline (1-800-799-7233) first; the lease-termination steps above can follow once you're safe.