Q: I am under a MS domestic protection order. I am renting a house, can I legally break my lease without penalties?
A:
I'm sorry you are in this difficult situation. Domestic violence protection orders and early lease termination laws vary by state, so it's important to look into the specific rules for your location. That said, here are a few general points that may be relevant:
- Many states have laws allowing victims of domestic violence to break a lease early without penalty if they meet certain criteria, such as providing documentation of the abuse/protective order.
- Federal law (the Violence Against Women Act) also provides some protections for victims who need to move due to safety concerns. It applies to public housing and Section 8 tenants.
- Even if your state doesn't have a specific law, explaining the situation to your landlord and providing a copy of the protection order may lead them to voluntarily release you from the lease. Many will want to avoid renting to an abuser.
- Local domestic violence organizations often have legal advocates who can provide more specific guidance on housing laws in your area and assist you in working with the landlord if needed.
I would recommend contacting a local DV group or legal aid office to get advice tailored to your location and situation. Wishing you all the best and hope you are able to get to a safe living environment without facing lease penalties. Remember, your safety comes first.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
