I have been reading stories of landlords kicking tenants out of their apartments/homes or stories where landlords are still demanding payment of rent when the apartment/home has been destroyed and it is deeply disturbing to me. My mother in law was a tenant affected by this devastation so I have taken some time to read through the Texas Property Code so as to help her. I felt that others who read my blog would be well served by this same information.

FIRST AND FOREMOST your health and safety are the MOST important things during this time.

Second, Texas Property Code 92.054 states that in the event of a full loss of use of a rental space either the tenant or landlord can terminate the lease. This is effective immediately upon receipt by the other party of the termination. Further, when you terminate a lease for this reason, you are entitled to a pro-rated refund of your rent up to the date you move out and give the termination notice as well as your security deposit. Further, unless your Landlord can prove that any damage was a result of the tenant then the tenant is entitled to a full refund of the security deposit.

Lastly, some people may feel guilty about terminating their lease. They may feel bad for the landlord. The landlord had the opportunity to have the property insured for loss of business and therefore, if the landlord had that insurance then the landlord will still be taken care of. If the landlord did not, then that is not the fault of the tenant.

Categories: Divorce

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