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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 112762
Experience:  Attorney with over 24 years experience.
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My tenant left two months before lease was up. Unknown at

Customer Question

My tenant left two months before lease was up. Unknown at the time she had a man who was not on lease receiving mail there whom she later claimed was a boyfriend. He had key as I found out when he entered house while daughter was visiting and police were called. When she left unexpectedly she emailed me saying she did not want to be contacted because she was being stalked. Her cell phone was disconnected - claimed she did not have to pay remaining rent because she was protected by law. I have letters such as credit card and other types sent to the address to the boyfriend. I have her emails from her stating her case. Utilities were completely turned off which cost money to repair numerous items. Do I have a case?
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
The property is in Montgomery County Texas.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Texas Property Code Section 92.016 of the gives victims of family violence the right to “vacate and avoid liability.” Section 92.016(b) requires the following documents that serve as proof of family violence: a temporary injunction, a temporary ex parte protective order, or a final protective order. Any one of
these documents can be given to a landlord to prove the tenant is able to break the lease without penalty. If she has not provided you with any such proof she is still liable to you. If she has provided you such proof, then you cannot pursue her or sue her for breach of the lease and if you do so you can be liable to the tenant for one month's rent, plus $500 plus attorney's fees.