Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.016
RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE.
Operative Text
Sec. 92.016. RIGHT TO VACATE AND AVOID LIABILITY FOLLOWING FAMILY VIOLENCE. (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).(b-1) A tenant may obtain relief under Subsection (b) if the tenant provides the landlord or the landlord's agent:(1) a copy of one or more of the following orders protecting the tenant or an occupant from family violence:(A) a temporary injunction issued under Subchapter F, Chapter 6, Family Code;(B) a temporary ex parte order issued under Chapter 83, Family Code;(C) a protective order issued under Chapter 85, Family Code; or(D) an order of emergency protection under Article 17.292, Code of Criminal Procedure; or(2) a copy of documentation of the family violence against the tenant or an occupant from:(A) a licensed health care services provider who examined the victim;(B) a licensed mental health services provider who examined or evaluated the victim; or(C) an advocate as defined by Section 93.001, Family Code, who assisted the victim.(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-1)(1) if the tenant obtained such an order;(2) the tenant provides a copy of the relevant documentation described by Subsection (b-1)(1) or (2), as applicable, to the landlord;(3) the tenant provides written notice of termination of the lease to the landlord on or before the 30th day before the date the lease terminates;(4) the 30th day after the date the tenant provided notice under Subdivision (3) expires; and(5) the tenant vacates the dwelling.(c-1) If the family violence is committed by a cotenant or occupant of the dwelling, a tenant may exercise the right to terminate the lease under the procedures provided by Subsection (b-1)(1)(A), (C), or (D) or (b-1)(2) and Subsection (c), except that the tenant is not required to provide the notice described by Subsection (c)(3).(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 (S.B. 1186), Sec. 1, eff. January 1, 2006.Amended by: Acts 2009, 81st Leg., R.S., Ch. 18 (S.B. 83), Sec. 1, eff. January 1, 2010.Acts 2019, 86th Leg., R.S., Ch. 15 (S.B. 234), Sec. 1, eff. September 1, 2019.
Under Texas Property Code § 92.016, a tenant who experiences family violence may end a lease early without owing future rent or early-termination fees, provided they follow a specific process: supplying the landlord with qualifying court orders or documentation from a licensed provider or advocate, and giving written notice at least 30 days before vacating. If the perpetrator is a cotenant or occupant of the same dwelling, the 30-day notice requirement is waived. A landlord who refuses to honor these rights faces liability for actual damages, a civil penalty equal to one month's rent plus $500, and attorney's fees.
Plain English — not legal advice.
Operators subject to § 92.016 generally ensure their lease agreements include the statutory notice language about early-termination rights related to family violence or military service, because omitting that language can expose them to liability for delinquent rent that would otherwise be collectible. A compliant landlord accepts qualifying protective orders or licensed-provider documentation as sufficient grounds to release the tenant from future rent obligations once proper notice is given and the tenant vacates. Attempting to hold a tenant liable for rent accruing after a valid § 92.016 termination can result in a civil penalty of one month's rent plus $500, actual damages, and attorney's fees.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.016 of the Texas Property Code gives tenants experiencing family violence a protected path to exit a lease without owing future rent or termination penalties, as long as qualifying documentation and written notice requirements are met. If the abuser lives in the same unit, the 30-day notice requirement does not apply. Tenants who believe a landlord has wrongfully refused to honor these rights may consider consulting a tenant-rights organization, a legal aid office, or a private attorney to explore remedies including actual damages and the statutory civil penalty.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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