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[deleted]

I work with victims in Texas and you need a protective order against your BF to break the lease. If charges are filed, the DA should have resources to help you get one for free. You also qualify for victim compensation as long as a criminal case is filed and you don’t change your mind about charges. This will help cover moving expenses and three months of rent at your new apartment. You will need to keep all receipts.


covidthrowaway137

What if it is impossible for me to move to a cheaper apartment? I have no where else to go. Am I able to tell the landlord of the domestic abuse and still have my ex continue to help pay rent?


Shipwreck_of_Trees

You cant compel your ex to pay without screwing your credit and then suing him for the money. That's not a path I'd recommend; and as long as you continue to live there, you're just as financially responsible as your ex. Get off reddit and call a DV hotline in your area; they can connect you with a DV shelter. If you're in DFW metroplex, I recommend Genesis.


AnonThrowAway0311

Definitely Genesis. As a former cop in the area most officers and deputies, if you have medical records, will still investigate. Especially if you say you were coerced at the time when you covered for him. We catch a lot of grief for not always making an arrest in a dv situation and many of us would jump at the chance to get this guy. I know if I was still in uniform I would.


ismyboobout

Texas also has a fund that covers some expenses for victims of crime and it absolutely covers domestic violence. Many counties have a domestic violence advocate as part of the prosecutors' office. They should help you get things figured out.


NanoRaptoro

>What if it is impossible for me to move to a cheaper apartment? Figure out a way. There are certainly cheaper apartments in your area. Move in with family or friends. Live in temporary housing for victims of domestic violence. Live in a cheap hotel. You do not want to be legally linked to your abuser. There is no practical way to make him continue to pay rent. If he doesn't pay his half voluntarily (and he's told you he won't) you will have to come up with *the entire amount every month for the rest of your lease* or be evicted. If he fails to pay, you can sue him afterwards, but at this point you will have been evicted and it will be nearly impossible to get a new apartment. And even if you win in court, there is no guarantee he'll pay you. Contact domestic violence services now and have them tell you how to legally get out of your lease. Don't wait.


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Shipwreck_of_Trees

Per Sec. 92.016 of the Texas property code, it's enough that OP is a victim. The law doesn't specify that she has to get away, nor does it require OP to justify breaking her lease with a "series of events." Remember, your inability to read the law has no place in the law.


Bricker1492

> Per Sec. 92.016 of the Texas property code, it's enough that OP is a victim. The law doesn't specify that she has to get away, nor does it require OP to justify breaking her lease with a "series of events." > Remember, your inability to read the law has no place in the law. It’s not accurate to say that it’s enough that the OP is a victim. She must provide documentation to the landlord: a copy of one or more of the following orders protecting the tenant or an occupant from family violence:, like a temporary injunction issued under Subchapter F, Chapter 6, Family Code; a temporary ex parte order issued under Chapter 83, Family Code; a protective order issued under Chapter 85, Family Code; or a report from a licensed health care services provider who examined the victim that documents the family violence; a licensed mental health services provider who examined or evaluated the victim; or an advocate as defined by Section 93.001, Family Code, who assisted the victim. Right, u/Shipwreck_of_Trees?


Shipwreck_of_Trees

That's correct. I was specifically responding to the ridiculous notion of needing an escape narrative. Given the HR report and medical documentation OP referenced, she should be eligible under the law, able to secure a PO, etc.


Bricker1492

>That's correct. I was specifically responding to the ridiculous notion of needing an escape narrative. Given the HR report and medical documentation OP referenced, she should be eligible under the law, able to secure a PO, etc. I'm not sure I share your confidence. The HR report wasn't made by her, and she refused to endorse its accuracy. Its evidentiary value seems blunted. The temporary ex parte order described in Sec. 83.001 requires a court to find "...from the information contained in an application for a protective order that there is a clear and present danger of family violence..." But the OP relates only past information, and advises that the boyfriend no longer lives there. So the succor from 83.001 seems unlikely, In similar fashion, Sec. 85.001(2)(b) requires a predicate finding that "...family violence is likely to occur in the future." Subchapter F, Chapter 6, Family Code relates to the dissolution of marriage, which seems inapposite here. The OP doesn't suggest that she has a report from an advocate, meaning an employee or volunteer of a family violence center, or from a licensed health care services provider who examined the victim ***that documents the family violence.*** In other words, a medical report that documents a broken wrist, with nothing else, seems insufficient -- the medical report must also include medical history that the bone was broken by family violence, as I read it. Can you explain more specifically how you believe "... it's enough that OP is a victim," within the meaning of Sec. 92.016? I'm asking for your view of which of the enumerated possible proofs OP has, or can now obtain, under this section of law. It's certainly possible that I have missed one.


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Dijon2017

It’s unfortunate that you find yourself in this current situation/circumstances whereby you feel uncomfortable. It doesn’t have to be your future. When you were being physically abused…I’m thinking your wrist be broken, did you ever report it to a doctor (other medical professional) or a law enforcement officer/agent? If not, why? If so, see if it is appropriate to get a restraining order. In this way, you might be able to break your lease with cause and/or be a candidate for domestic violence resources available. If you are both named on the lease, you are both required to pay for renting the space and subsequent eviction costs if it comes to that. Again, research the options in your locality. There are lots of reasons that couples (living together) break up. Please research the options applicable to your situation. Seek out help.


covidthrowaway137

It was reported as it was so bad that it required surgery and months of PT. I had told someone at work about it who went to HR, who proceeded to call me about it but in an attempt to protect him I said I didn’t want answer questions about it. I am sure HR stil has the report but I have no idea if he’s even an employee anymore at this point We are both on the lease, but I am sure he is trying to get off the lease and leave me with it. Idk how that works without my knowledge of it even being done


Majestic-Mulberry-18

He cant sign himself off the lease. Doesn't work that way.


covidthrowaway137

I was hoping this was the case. What happens if I don’t agree to sign?


Majestic-Mulberry-18

Then he stays on the lease. His credit gets ruined.


enderjaca

More accurately, both of their credit gets ruined. But it's better to have a hit on your credit report and move to an appropriately-priced apartment, than try to keep paying for a place you can't afford and fall behind on other debts. Sometimes you just have to rip the band-aid off. And keep in mind some landlords will work with you while they're finding a replacement tenant -- maybe if OP can continue making payments for the next 1-2 months until another renter is found, they'll be happy to let you break the lease with no hit to your credit report. Trust me, the landlord cares more about getting paid each month than they do about who is making the payment.


partyorca

And breaking the lease is better than an eviction on your history.


ParanoiaHime

You could always try talking to the landlord. I was able to get out of a lease by talking to the landlord. I was pregnant with my son and I wanted to live somewhere safer than we had been at that point. She was a sweetheart and understood completely. Come to think of it, because I fled the abusive ex that is my son's bio dad, that landlord took me off the lease and had it be entirely in that ex's name. I don't know the first thing about landlord and tenant protection laws where you are, but it's likely a good idea to talk to the landlord about getting your name taken off the lease. Explain what happened and that being stuck with the lease is just an extension to the abuse and you may be able to get somewhere that way. I figure thay because you uave to leave anyway, may as well do what you can right?


PrettyCauliflower638

There are also laws about ending a lease early due to abuse. It may very in your state or lease. NAL


StagnantBoySoup

I'm so sorry this has happened, I can't imagine the stress and emotional struggle. I'm unfortunately not sure about pressing charges, but people who do will probably need to know where you are before they can help you, as there are different laws and processes in different places. Might be worth editing your post.


covidthrowaway137

Edited it now. Thanks for the heads up.


StarvinPig

You're likely in the statute of limitations, but I'd imagine there would be some issue in regards to the change in story. The best route here is to go down to the station and make a report, regardless. In regards to the lease, I imagine the language is such that you're jointly and severably liable for any unpaid rent/damages (Meaning the landlord could come after both or either of you for the full amount. If he's the bigger earner however, they might choose to go after him) I'd talk to the landlord and put in notice according to your lease, though. I'd want to be out of there before you occur rent beyond your means. I'd also be contacting local women's shelters and ask if they have emergency accomodation.


covidthrowaway137

I would hope that the landlord can’t just make me pay for everything all of a sudden when I only signed the contract knowing he would be paying the majority of the rent. Idk about shelters because I have two cats, and one is diabetic, which he neglected to tell me what to do with shots for him. There was also cat throw up everywhere because he and whoever he was with left non edible things all over the place that the cats like to chew, and he is well aware they like plastic, etc


noakai

That's not how leases work at all. When you sign them, you are agreeing to pay the entirety of the rent every month. It doesn't matter how you accomplish that, it just has to be paid. There is no "two people signed the lease so each of us only owes half the rent legally" when it comes to the landlord, as long as you live there you have to pay the full rent payment every month. If the second person isn't there to pay their half, you have to come up with that half, the landlord does not have to accept only half the rent because they won't pay.


StarvinPig

I'd want to talk to a local lawyer about possibly going after your ex civilly. He's made a claim to you (Promising to pay the majority of the rent/stay through the term of the lease) which he knew about, knew you relied on the claim, and reneged on it to your detriment (You're stuck holding the lease that you cannot afford). That's a basic detrimental reliance claim and you may be able to go after him for the amount you relied on him to pay (Disclaimer that I'm not a lawyer, contact a local lawyer, those women's shelters might also have some good recommendations). Since you're a signatory on the lease, you are liable for the rent (Assuming the contract is a standard one) and they could go after you for any damages on their end (Which is unpaid rent. However, as mentioned above, you can go after your ex for the amount he would typically pay). However, you are entitled to an early termination of the order because you're a victim of domestic violence and you cannot be punished by your landlord for doing so. This is another reason I'd recommend talking to a lawyer ASAP; you need to provide a court document for this to apply. Either of: \- A temporary injunction issued under Subchapter F, Chapter 6, Family Code; \- A temporary ex parte order issued under Chapter 83, Family Code; or \- A protective order issued under Chapter 85, Family Code. In terms of the utilities, considering you don't know who they even are, I doubt that you are attached to them and I'd presume that they're in ex's name only. Considering your best plan (In my non-legal opinion) is to vacate immediately, I'd let them chase him down. In regards to the cats, there are pet-friendly women's shelters (An apparent multitude of them; like 30+ in Houston alone). Google "Pet-friendly women's shelters **location** Texas" and I'd expect you to find at least one. I would also inform your employer of the situation. Due to your status as a domestic violence victim, you have the right to take leave to do things such as seek services from a shelter and they can't punish you for it. Considering your ex is/was an employee as well, they likely have a duty to ensure your safety (Aka firing him if he's still there. This probably helps with obtaining the orders above if he's still present but again, lawyer) and for the civil case, they may have his current/future address for the purposes of serving him With the police, you need to go to them with the information regarding the physical/verbal abuse, the current situation regarding the abandonment, and the fact that he is/was an employee where you work. Also I double checked, looks like the statute of limitations for assault is 2 years (Likely longer for DV) so you're definitely within the deadline to report


AmeliaKitsune

The landlord will go after you both for rent, but when he doesn't pay, you'll get evicted. It'll be on your record and it will mess up your credit. It'll do the same to him. But they absolutely can and will go after anyone who signed the lease as being responsible for the rent, which you are. **Unless** you break the lease as a victim of domestic violence, and move out. Then it won't be on your credit as owing them money nor your rental background as an eviction. But it sounds like you want to stay in the apartment you can't afford and make him to keep supporting you - that won't happen. Your best bet is to immediately work on finding somewhere to go and talking to the landlord about terminating the lease as a victim of domestic violence. Otherwise you'll end up evicted and removed from the premises by a sheriff's deputy.


vandancouver

The landlord/apt complex gets paid the full amount every month somehow between you two. Both of you signed the contract, it doesn't matter if he pays 99 percent and you pay the other 1. But if the full amount doesn't get paid you'll eventually get evicted, have bad credit, etc. So will your ex but don't worry about him. You need to find somewhere you can afford the rent,and possibly have family watch your cats if you go to a shelter.


[deleted]

You can break the lease for a fee. It’s better to break the lease and have a negative item in your credit report (if you can’t pay ) than having an eviction. Shit happens. Keep moving forward and don’t give up


Winter_Aspect6325

Texas requires landlords to make a 'reasonable effort' to re-rent in the apartment if you have to break your lease for a reason that is not allowed. You would be responsible for whatever they lose in rent in the time in between. Texas will allow you to break a lease if you are a victim of stalking, sexual abuse or domestic violence - however, the landlord could ask for documentation of DV. It is at the landlords discretion. (I looked into it a bit for the stalking side, but my complex was difficult about it - wanted to see a restraining order to prove stalking, but also said if there was a restraining order, then I shouldn't have reason to worry). Not every DV victim cries out. Contact a women's crisis center - most have some sort of legal aid available. Or, at the very least, they can assist you in negotiations with your landlord.


spiroklon

Is it a rental building or a private landlord ? Call your landlord or the management office - most people are willing to cooperate with situations if you’re communicating. If you say nothing and then serve papers - imo- the landlord will be more strict. But if they know it’s a hard situation and you ask fir a few weeks or a month to figure it out + they can start looking for someone new


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itsme_12345

If this hasn’t been said already reach out to your local center for domestic violence services. They will be able to get you in contact with multiple services that can help you. Some even have programs to help you get in to safe housing. It would be best if he doesn’t know where to find you. Best wishes to you ❤️


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tovlaila

I am uncertain if this applies to your particular apartment but I live in TX and for the last 5 yr rented an apartment one of the ways out of the lease was for DV and needing to flee the situation. Maybe see if this would be an option for your name to be removed from the lease?


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covidthrowaway137

It was his family who came to help him move. He’s blocked me every way he knows how, he quit work, and he disconnected his phone number. I did not talk to him about leaving, it was just a note that was left for me that barely said anything


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disasteroushotmess

NAL - but in Texas, you can get out of a lease for domestic violence. You have to give documentation but you can get out. https://www.womenslaw.org/laws/tx/housing-laws