Q: Will a protective order to break lease without any financial penalties take precedent over a notice to vacate in Texas
Recently a victim of family violence and submitted a notice to vacate soon after for safety concerns. Then I learned that with a protective order I can break the lease without penalties. Can I still terminate lease with protection order after already submitting notice without that additional information.
A:
A magistrate's emergency protective order is not sufficient to trigger Texas Property Code 92.016. Even with a Two-Year Family Violence Protective Order, you'll still have to pay any outstanding rent except in cases where the lease does not contain the "magic words" described in statue. Also, you will need to give at least 30 days notice unless the person accused of violence is also a resident and you get a Two-Year FV order or a Temporary Injunction in a divorce action.
More information about breaking a lease in these circumstances is posted here: http://www.pacefirm.com/faq/break-lease-domestic-violence.html
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