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Family Violence Breaking a Lease

Discussion in 'Other Residential Landlord & Tenant Issues' started by msisisdee, May 29, 2014.

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  1. msisisdee

    msisisdee Law Topic Starter New Member

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    I broke my lease due to family violence and gave a temporary protective order my landlord kept my deposit because I broke my lease is this legal
     
  2. army judge

    army judge Super Moderator

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    Yes, your OOP doesn't eliminate the need to honor your contact (lease) with your landlord.
    If getting out of lease was this easy, just imagine how easy it would be to concoct a story about DV.
    Now, I'm not saying your case is fictitious, I'm simply saying the OOP has nothing to do with your prior financial obligations.
    I suggestyoudiscuss this with the property manager or landlord and see if you can negotiate a compromise.
    Life requires us all to pay to play.
     
  3. Betty3

    Betty3 Super Moderator

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    Proserpina Moderator

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  5. army judge

    army judge Super Moderator

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    In the cases I've seen, the holder of the OOP simply gets the batterer ousted.

    If that process is followed, there's no need to consider breaking the lease to stay away from the abuser.

    But, this presumes a husband-wife domestic violence scenario.

    It also presumes the holder of the OOP can pay the rent without the batterer's assistance.

    As TX is a community property state, the battered person can simply file for divorce, and request the batterer to assist with emergency expenses during the pendency of the divorce action.

    We all know that DV can present in many other colors and flavors.

    As with most things involving the law, reading the law makes it sound much easier than enforcing the law.

    MsIsisDee: Please be so kind and explain the domestic relationship and players involved. Thank you.
     
    Last edited: May 30, 2014

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