Domestic Violence in rental

[Nathan Clark]

One of my newer properties, the tenant has a common law marriage with the man that assaulted her. She does not feel safe and would like to move within 1 day. She has a 1 year lease, needs to give 30 days notice but she wants to move immediately. Any advice on how to proceed, or how to calculate deposit return, etc?  Never faced this type of issue and could use some help. 

[Robert Melcher]

In Texas lanldords must allow early termination of a lease in the case of domestic violence.

The requirements are pretty straight forward, in that any tenant with a court-ordered restraint and police report for a domestic abuse/violence issue can leave without penalty.

Usually, but not always, the court order will mandate who stays, who goes, and who's responsible for the lease.  I have had three in the last 10 years and the abuser was held responsible for the lease, but all three bailed as soon as their partner moved out.

I would even be comfortable asking to see the judge for clarification once the order is in my possession.