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Question

I live in Texas and have a two year restraining order against my husband, due to domestic abuse. The order was issued 8 months ago while he was in jail. He will be getting out this year and I am about to give birth to children that aren't his. I'm afraid for their safety, and would like to move in with family because I am still living in the same apartments that I was in when he beat me. I was told at court that I can break my lease due to the restraining order I have. Is this true? If so can you write where in the law it states this so I may show my apartment manager.

Submitted: 297 days and 11 hours ago.
Category: Real Estate Law
Value: $15
Status: CLOSED
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Houston, Texas

Already Tried:
I have emailed my apartment manager on the subject.

Accepted Answer

You are partially correct the law does allow for a tenant to break a lease with a valid protection order. This is allowed ONLY when the restraining order is against a co-tenant, or someone that has the right to ccuoy the premises under the lease. This would not be the case here.

Here is a link to a presentation on this topic. It should answer all your questions. The code section is Texas Property Code 92.016

http://povertylawsection.com/uploads/TX_Lease_Breaking_Law_Presentation.pdf


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Expert: jrzepka
Pos. Feedback: 99.0 %
Accepts: 
Answered: 1/29/2009

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Mediator, part of the Ohio Save the Dream Foreclosure project

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