Who is reponsible for damages due to domestic violence?

Question

Not my property, asking for a friend.

a house is rented to a female (only person who signed the leased), and an adult boyfriend lives there as a named occupant on the lease.

boyfriend shows up at night, shoots up the place, pistol wips tenant and kicks down the garage door. I estimate the damage at over 3k.

the woman has requested to end the leased, which under texas law is covered as a victim of domestic violence, and that all good.

The question is, is the damage recoverable from her deposit? or is she not liable somehow by DV laws in Texas? she is asking for her full deposit back..

Diego Alvarado · Answer

Hi @Joehn B.

This is very informative but I have experienced similar situations.

The first thing is that your friend reaches out a real estate attorney immediately. If you need a reference in DFW DM me and I can provide you with some.

There are many pieces of the puzzle when it comes to domestic violence and lease agreement so it could go many ways and it is better to get professional help quickly.

Jaron Walling · Answer

In my state she would not be liable for the damages as a victim. According to what I found the boyfriend would be on the hook for the property damage. Indiana signed The Violence Against Women Act (VAWA) into law in 1994 which was groundbreaking legislation and addressed the issue of violence against women. From what I read dated 2011, 85% of violence victims are women. "Survivors frequently suffered the “double victimization” of housing discrimination when landlords evicted or refused to rent to them because of “zero tolerance” policies on disturbing the peace, calls to police or violence committed by a member of the household or guest (whether authorized or not)."

Indiana also has this; "Indiana Code 32-31-9 protects the housing rights of any person who is a victim or an alleged victim of domestic or family violence, sexual assault, or stalking". "A victim of domestic abuse or assault in Indiana may terminate a lease by submitting written notice to the landlord or management thirty days before leaving along with a copy of the order of protection or no contact order from the court." If any of that occurred I can't see how she's on the hook for the damage.

Your friend needs to contact a lawyer in Texas immediately to get clarification on this issue. I'm sure Texas has similar laws protecting people but this is not legal advice.

James McGovern · Answer

@Ron Brady if your spouse is an idiot you need to own it

James McGovern · Answer

In Connecticut she would be liable for the cost of damages. Some people need to choose their spouses better

Ron Brady · Answer

Some people need to choose their spouses better? Perhaps some people should have their spouses edit their forum posts before they hit enter.

Who is reponsible for damages due to domestic violence?

Who is reponsible for damages due to domestic violence?

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