Can I get out of my lease?
Question: About three months ago I moved to Texas, signed an apartment lease and moved in. Within the first month I began having problems with the air conditioner not cooling enough and the plumbing backing up into my apartment. I filed written maintenance requests with the manager and the manager refuses to do anything. All of my rent is paid up to date. Can I break my lease and move out?
Answer: A lease is a contract. Generally, once a contract is signed, then the terms of the contract control when and how the contract can be terminated. When one person does not do what the contract states, then that person may be in breach of the contract.
Texas law addresses many circumstances related to a breach of contract, depending on how the contract was breached. There are also may potential solutions. If the lease states that the apartment manager is responsible for maintenance and repairs, and the manager does not act diligently to make the repairs within a reasonable time, then the apartment manager may be in breach of the contract. This alone may give you a reason to break the lease and move out.
The implied warranty of habitability may give you another reason to break the lease and move out. A landlord is required to make a diligent effort to repair or remedy a condition if the condition materially affects the physical health or safety of an ordinary tenant. One could certainly argue that a sewage back-up has a material affect on your physical health or safety.
But use caution. If break your lease and do not have a valid legal excuse, then you can be held responsible for the remaining rental payments under the lease. Always consult with an attorney before you break an apartment lease or any other contract to ensure that the facts and law support your decision.
Call me. If you need assistance in reviewing an existing contract to determine what your rights are, of if you need assistance in negotiating or drafting a new contract, or to file suit against someone for breaking their contract with you, visit LouisVetranoLaw.com, call me at 210-862-5786 or email me at Lvetrano@flash.net.
Notice and Disclaimer
This information is intended as general information for educational purposes only and is based on Texas law. It is not intended to be legal advice for your particular circumstances. This lawyer does not represent you unless and until you sign a written engagement agreement expressly retaining me for your particular matter. The law changes and each person’s individual circumstances may change how the law is applied. Please consult an attorney before taking any action that has legal consequences.
Copyright © 2019 by Louis A. Vetrano, Jr. – Licensed in Texas.