All instances of sexual assault are a horrifying violation of a person’s bodily integrity. However, attacks perpetrated in the home by the person who controls your access to safe housing are a particularly heinous abuse of power.

Unfortunately, incidents of landlords violating and exploiting the tenants who depend on them are far from rare. If your landlord has sexually assaulted you, it’s normal to feel frightened and isolated. However, you don’t have to endure this alone.

In this blog post, I’ll cover what tenants should know about the laws around Texas landlord sexual assault, including steps to take if you’ve experienced such a violation in your home.

Texas Law Protects Sexual Assault Survivors

Coercing someone into unwanted sexual activity is against the law, full stop. Under Texas law, sexual assault is a felony offense. Several different violating behaviors can be considered criminal sexual assault, including non-consensual penetration, invasive or intimate contact with another person’s body, and other unwanted acts of a sexual nature. When a perpetrator’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, violent crime with weighty consequences. A landlord who commits sexual assault can face significant prison time if convicted in Texas criminal court. 

Your Legal Rights in Texas Landlord Sexual Assault Cases

Beyond criminal charges, Texas law offers tenants other avenues for protecting themselves and holding a landlord responsible for their 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 claim is a civil suit separate from criminal charges. These claims aim to help compensate victims for the financial, physical, and emotional damage done by someone else’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 in that duty and acts as a source of harm themselves, they can be held liable under Texas law.  

Survivors with successful personal injury claims can recover compensation for medical expenses, moving costs, and emotional distress.

Related: A Victim’s Guide to Sexual Assault Civil Lawsuits in Texas

Lease Termination 

Texas renters who are sexually assaulted in their homes have legal grounds to break their lease without financial penalties. Under the Texas Property Code, a tenant who has been assaulted or stalked at home within the past six months has the right to end their current lease and leave the property immediately. The same rights apply to renters who are legal guardians of a minor who suffers sexual abuse in the rental property. Typically, renters are only financially responsible for the final 30 days of rent after they notify the property owner of their intent to leave. However, even that fee can be waived if your lease doesn't specifically outline your right to early termination in these cases. 

Fair Housing Act Claim

Tenants who’ve been sexually assaulted by a landlord may also have a legal claim under Texas’s housing discrimination protection law. The Texas Fair Housing Act prohibits discrimination based on a renter or home buyer’s sex, race, color, religion, disability, family status, or national origin. Under this law, discrimination based on sex expressly includes sexual harassment, assault, or unwanted sexual advances against housing seekers. If your landlord sexually assaulted you, you can file a complaint with the Texas Workforce Commission or sue to recover damages for the violation of your rights. 

What to Do If You’re Sexually Assaulted by Your Landlord

The trauma and shock in the aftermath of sexual assault can leave survivors feeling powerless. However, there are some crucial steps you can take immediately to protect yourself:

• Get to safety. Getting yourself out of harm’s way is the priority. If you feel threatened, call the police. 
• Get medical attention. Go to a hospital and have a thorough medical exam, even if you think your injuries are minor. A doctor can ensure you receive proper treatment and help collect any physical evidence that could be important in the future.
• Report the assault. Make a report to the police about what happened. Be as specific as possible about the incident's date, time, and other details.
• Consult with a legal professional. An attorney is the best resource for helping 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’re unsure if you want to bring a legal claim, an attorney can be a valuable asset for protecting your well-being after an assault. A legal professional can help ensure you have the documentation to break your lease and safely find new housing. If your landlord challenges your claim, an attorney’s legal knowledge is essential to effectively advocate for your rights and get the justice you deserve.

Dedicated Legal Support for Texans

Everyone deserves to feel safe in their home. If a landlord sexually assaults a tenant, they should 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 they’re being represented by some of the state’s most respected litigators. Our law firm has decades of experience fighting for the rights of Texans who’ve experienced traumatic and catastrophic injuries. Contact our office today to schedule a free consultation and learn more about how we can help.