Texas State Laws Affecting Tenants in Domestic Violence Situations

Here are Texas rules protecting tenants who are victims of domestic violence.

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Texas extends special protections to tenants who are victims of domestic violence. Here are some of the domestic violence (DV) laws that apply to tenants:

  • Lease cannot include a waiver of some or all DV rights
  • Landlord entitled to proof of DV status
  • Early termination right for DV victim
  • Lease cannot prohibit calling the police in a DV situation or otherwise penalize DV victim
  • Tenant who exercises termination rights will be released from any delinquent rent unless the lease includes a clause that specifically describes tenants’ rights in a domestic violence situation.

Check the Texas statute (Tex. Prop. Code Ann. §§ 92.015, 92.016) to see if the law applies to your situation. See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions.

If you are facing a domestic violence situation (including stalking) and want to move, check with local police or a battered women’s shelter regarding resources and services in your area, including how to get a temporary restraining order (TRO) from a court. For information and referrals to local agencies, call the National Domestic Violence Hotline at 800-799-SAFE. This organization’s website also includes links to state coalitions against domestic violence[MS4] .  Another useful resource is WomensLaw.org, which includes extensive information on state laws relevant to domestic violence, sexual assault, and stalking.

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