Prohibited provisions in lease agreement regarding domestic violence; release from rental agreement

Checkout our iOS App for a better way to browser and research.

  • (a)

    • (1) A landlord may not include in a residential rental or lease agreement a provision authorizing the landlord to terminate the agreement or to impose a penalty on a residential tenant for calls made by the residential tenant for peace officer assistance or other emergency assistance in response to a domestic violence or domestic abuse situation. A residential tenant may not waive the tenant's right to call for police or other emergency assistance.

    • (2) If a tenant to a residential rental or lease agreement gives the landlord at least 14 days written notice that the tenant has been the victim of domestic violence or domestic abuse and provides to the landlord evidence of domestic violence or domestic abuse in the form of a police report written within the 90 days preceding the notice and the residential tenant seeks to vacate the premises due to fear of imminent danger for self or children because of the domestic violence or domestic abuse, then the landlord shall release the tenant from the residential rental or lease agreement, and the tenant may terminate the residential rental agreement or lease agreement and vacate the premises without further obligation except as otherwise provided in this subsection. The notice given by the tenant must specify the termination date.

    • (3) If a tenant to a residential rental agreement or lease agreement terminates the residential rental or lease agreement and vacates the premises pursuant to paragraph (2) of this subsection then the tenant

      • (A) is not liable for damages to the dwelling unit incurred after the release date; and

      • (B) is not subject to any fee solely because of termination of the rental agreement.

    • (4) Notwithstanding the release from a rental agreement of a tenant who is a victim, any other tenant under the agreement remains subject to the rental agreement. A person named in a court order as the perpetrator of the domestic violence who invokes an early lease termination under this section is deemed to have interfered with the residential rental agreement between the landlord and tenant regardless of whether the person named in an order is a party to the rental agreement, and the person named in an order may be civilly liable for all economic losses incurred by a landlord for the domestic violence early lease termination. This civil liability includes unpaid rent, early lease termination fees, costs to repair damage to the premises and any reductions or waivers of rent previously granted to the tenant who was the victim of domestic violence.

      • (A) The landlord shall return the security deposit to the tenant victim upon termination of the lease or rental agreement.

      • (B) This paragraph may not be construed as prohibiting the landlord from retaining a security deposit when the damage to the premises is not caused by an act of domestic violence.

      • (C) Nothing in this section may be construed as limiting a landlord's right to terminate a tenancy pursuant to subchapter II of this chapter against a victim for actions unrelated to the act of domestic violence.

      • (D) Nothing in this section may prevent the landlord from seeking possession against a tenant or lessee of the premises who perpetuated the violence or abuse that was the cause of or resulted in damage to the landlord's premises or violation of the lease or rental agreement.

      • (E) Nothing in this section authorizes the termination of tenancy and eviction of a residential tenant solely because the residential tenant is the victim of domestic violence or domestic abuse.


Download our app to see the most-to-date content.