can i break the lease if they arent providing certain basic needs?

Question

My apt is horrible and has the following problems:
1. they try to "fix" the water at least once every week during which time they will shut off the water from 2 hours to all night and the next day.
2. they told me when i moved in that a security gate was being installed within the next month. I have lived there for 4 months now and the gate still isnt up and functional.
3. I am very clean, but I got a rat/mouse in my pantry somehow. i bought traps and asked the maintanence to fix it. Two weeks later and after bothering them several times did someone come out to "start the process."
4. It is summer in TX and the AC will stop working during the day. It will blow air but it is never cold. Sometimes, it will mysteriously turn on at about 11pm.

What can I do? I hate it here and I dont think it is too much to ask for to have water, AC in the summer, and no rodents in my house. I only have 2 months remaining on my lease, so is there a way i can break it w/o hurting my credit

Answer 1

The tenant laws are different in every state. You may be able to break your lease, but the time it takes to do that will probably be almost as long as the time until your lease ends. (It's a somewhat long process - requiring notice to the landlord that things need to be fixed within a certain time period or you will be moving, etc.)

Google the landlord/tenant laws for your state and see what they say.

Answer 2

First,
I am sorry to hear of your problem. Next, you need to get a consultation with an Attorney in your area. A good Attorney will cost you around $75 for 30 minutes of time. Let that be a litmus test if you have never used one before. If you have a digital camera start taking detailed pictures of your water taps and under the sink and any other area that delivers water to your apartment unit. Try to take a picture of one of the rats in your cubboards as well.

It is true that each state has different rules; BUT, what each State has in common is the requirement for the delivery of basic needs. Water, hot water heater, Heater for places where it snows, and AC for virtually every place in the country. If they cannot provide this efficiently in a manner to sustain life - then you have a right to break the lease, BUT again YOU MUST consult an Attorney for your credit rating protection and/or some other slug ensuring that they can damage you in other financial ways.

Best to you!

Answer 3

Yes, you can break the lease by moving out. You don't have to provide notice under these circumstances either. However, it is in your best interest to get an attorney. Most landlords will try to force you into paying them anyway. Most tenants don't know their rights. Texas has a Warranty of Habitability, which is very likely to have been broken in your case. Do consult an attorney. You can do so very cheaply.

Answer 4

You can contact the Texas Apartment Assoc. by region depending where you are. It should come up on google. They have guides to Texas laws regarding leasing. If maintenance continues to be an issue, that would be a violation of your lease. You have to go to civil court to get a judge to sign off on everything I think. Make sure you have made maintenance requests in writing, and keep a copy of everything for yourself. Also, keep a log of calls you have made to your office regarding complaints, when did they "start the process" and what occurred so you can present them in court. You can also complain to the city housing authority, sometimes they will send a person out to the apartment office to inspect things. If all else fails, call the media. Get it on channel 5, and they'll fix it for sure.

Answer 5

THe KEY to your question "Can I break my lease?" is in the follwoing: "W/O affecting my credit rating."

And the answer is yes, if the landlord will allow you to void the lease. Otherwise, the issues you mentioned do not rise to the level of a breach of the lease on the part of the landlord and breaching your lease at this time can easily result in a civil lawsuit and an entry on your credit report.