Q: Can I get my pre paid rent back (6 months) if I'm breaking lease due to domestic violence? I have a protective order.
I pre paid the whole 12 months in advance but I've only been here 5. I'm needing to move but I can't without my refund of the rent I've paid. I've got police reports and a protective order.
A: Only certain types of protective order give you the right to break a lease. This does not include a magistrate's EPO or a divorce TRO. The details are here in Texas Property Code 92.016 but that only really addresses whether or not you have to give 30 days notice and pay for it along with back rent. It doesn't really address prepaid rent. Hopefully you won't have to sue the landlord for that.
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