All instances of sexual assault are a horrific violation of a person’s bodily integrity. However, assaults perpetrated in the home by the person who controls your access to safe housing are an especially egregious abuse of power.
Unfortunately, cases of owners who are that violate y explode tenants who depend on them. If you have been sexually assaulted by your landlord, it is normal to feel scared and isolated. However, you do not have to endure it alone.
In this blog post, I’m going to cover what tenants should know about Texas’s laws surrounding landlord sexual assault, including what steps to take if you’ve experienced such a violation in your home.
Texas law protects survivors of sexual assault
Coercing someone into unwanted sex is illegal, period. Under Texas law, sexual assault is a serious crime. Several different violative behaviors can be considered criminal sexual assault, including nonconsensual penetration, invasive or intimate contact with another person’s body, and other unwanted acts of a sexual nature. When the assailant’s coercion involves threats of harm or a deadly weapon, the conduct is elevated to aggravated sexual assault in the eyes of the law.
Sexual assault is a serious and violent crime with serious consequences. A property owner who commits sexual assault can face significant prison time if convicted in a Texas criminal court.
Your Legal Rights in Texas Landlord Sexual Assault Cases
Beyond criminal charges, Texas law offers tenants other avenues to protect themselves and hold their landlord accountable for sexual abuse.
Personal Injury Claim
Survivors of sexual assault can file a personal injury lawsuit against their landlord to seek damages for the harm they suffered. A personal injury lawsuit is a civil action separate from criminal charges. These lawsuits are intended to help compensate victims for financial, physical, and emotional harm caused by another person’s negligent or harmful actions. Landlords and property owners have a legal responsibility to protect their residents from reasonably foreseeable risks of harm. When a landlord fails to fulfill that duty and acts as a source of harm to themselves, they can be held liable under Texas law.
Survivors who are successful in their personal injury claims may receive compensation for medical expenses, moving expenses, and emotional distress.
Related: Victim’s Guide to Civil Sexual Assault Lawsuits in Texas
Termination of lease
Texas tenants who are sexually assaulted in their homes have legal grounds to break their lease without financial penalties. According to the Texas Property Codea tenant who has been assaulted or harassed in their home within the past six months has the right to terminate their current lease and vacate the property immediately. The same rights apply to tenants who are legal guardians of a minor who is sexually abused in the rental property. Typically, tenants are only financially responsible for the last 30 days of rent after notifying the landlord of their intent to vacate the premises. However, even that fee may be waived if the lease does not specifically provide for the right to early termination in these cases.
Fair Housing Act Claim
Tenants who have been sexually assaulted by a landlord may also have a legal claim under Texas’ housing discrimination protection law. Texas Fair Housing Act prohibits discrimination based on a tenant’s or homebuyer’s sex, race, color, religion, disability, familial status, or national origin. Under this law, sex discrimination expressly includes sexual harassment, assault, or unwelcome sexual advances against housing applicants. If your landlord sexually assaulted you, you may be able to file a claim against your landlord. file a complaint before the Texas Workforce Commission or file a lawsuit seeking damages for the violation of your rights.
What to do if your landlord sexually assaults you
The trauma and shock of sexual assault can leave survivors feeling helpless. However, there are some crucial steps you can take immediately to protect yourself:
- Bridge safe. The priority is to get to safety. If you feel threatened, call the police.
- Seek medical attention. Go to a hospital and get a full medical exam, even if you think your injuries are minor. A doctor can make sure you get the right treatment and help you collect any physical evidence that may be important in the future.
- Report the assault. Inform the police of what happened. Be as specific as possible about the date, time and other details of the incident.
- Consult a legal professional. An attorney is the best resource to help you understand your rights and options for taking legal action. They can help you build a case against your landlord and fight to recover the compensation you deserve.
Even if you are unsure whether you want to pursue legal action, a lawyer can be a valuable asset in protecting your well-being after an assault. A legal professional can help you ensure that you have the necessary documentation to break your lease and safely find new housing. If your landlord objects to your claim, a lawyer’s legal knowledge is essential to effectively defend your rights and obtain the justice you deserve.
Specific legal support for Texans
Everyone deserves to feel safe in their home. If a landlord sexually assaults a tenant, they must be held accountable under the law. As an attorney with over 30 years of experience, I understand how intimidating the legal system can seem. When clients come to Grossman Law Firm, they can have confidence that they are being represented by some of the most respected litigators in the state. Our law firm has decades of experience fighting for the rights of Texans who have experienced traumatic and catastrophic injuries. Contact our office today to schedule a free consultation and learn more about how we can help.
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