TEXAS PROPERTY CODE

TITLE 8. LANDLORD AND TENANT

CHAPTER 92. RESIDENTIAL TENANCIES

SUBCHAPTER A. GENERAL PROVISIONS


	§ 92.016. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING 
FAMILY VIOLENCE.  

Text of section as added by Acts 2005, 79th Leg., ch. 348, § 1
	(a)  For purposes of this section:                                             
		(1)  "Family violence" has the meaning assigned by 
Section 71.004, Family Code.
		(2)  "Occupant" means a person who has the landlord's 
consent to occupy a dwelling but has no obligation to pay the rent 
for the dwelling.
	(b)  A tenant may terminate the tenant's rights and 
obligations under a lease and may vacate the dwelling and avoid 
liability for future rent and any other sums due under the lease for 
terminating the lease and vacating the dwelling before the end of 
the lease term if the tenant complies with Subsection (c) and 
obtains and provides the landlord or the landlord's agent a copy of 
one or more of the following orders protecting the tenant or an 
occupant from family violence committed by a cotenant or occupant 
of the dwelling:
		(1)  a temporary injunction issued under Subchapter F, 
Chapter 6, Family Code;  or
		(2)  a protective order issued under Chapter 85, Family 
Code.               
	(c)  A tenant may exercise the rights to terminate the lease 
under Subsection (b), vacate the dwelling before the end of the 
lease term, and avoid liability beginning on the date after all of 
the following events have occurred:
		(1)  a judge signs an order described by Subsection 
(b);                    
		(2)  the tenant has delivered a copy of the order to the 
landlord;  and     
		(3)  the tenant has vacated the dwelling.                                     
	(d)  Except as provided by Subsection (f), this section does 
not affect a tenant's liability for delinquent, unpaid rent or 
other sums owed to the landlord before the lease was terminated by 
the tenant under this section.
	(e)  A landlord who violates this section is liable to the 
tenant for actual damages, a civil penalty equal in amount to the 
amount of one month's rent plus $500, and attorney's fees.
	(f)  A tenant who terminates a lease under Subsection (b) is 
released from all liability for any delinquent, unpaid rent owed to 
the landlord by the tenant on the effective date of the lease 
termination if the lease does not contain language substantially 
equivalent to the following:
		"Tenants may have special statutory rights to terminate 
the lease early in certain situations involving family violence or 
a military deployment or transfer."
	(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.

Added by Acts 2005, 79th Leg., ch. 348, § 1, eff. Jan. 1, 2006.            

For text of section as added by Acts 2005, 79th Leg., ch. 1344, § 
1, see § 92.016, ante.