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View Full Version : What are tenant's rights as they relate to repairs?


Pinkmadness
May 21, 2008, 10:28 AM
Under what conditions can a tenant break a lease legally in Texas? I ask because my landlord is not making the necessary repairs to my apartment. I'm getting excuses, and I'm ready to leave! I shouldn't have to live under these sub-standard conditions! Please advise...

progunr
May 21, 2008, 03:38 PM
If the issues effect your health or safety, then Texas law does side with you.

Have you documented the problems, and the number of times you have requested that they be corrected?

You have a right to demand that the landlord repair any condition that materially affects your health and safety. Under Texas law, by renting you the property, the landlord guarantees that the unit will be a fit place to live. Under certain conditions, you and the landlord may have a written agreement that you will make needed repairs.

The landlord does not have a duty to pay for or make repairs if you or your guests cause an unsafe or unhealthy condition through negligence, carelessness, abuse or accident—unless the condition resulted from "normal wear and tear." Also, the landlord must provide smoke detectors. You may not waive that provision, and you may not disconnect or disable the smoke detector.

I'm not sure, since you didn't mention what type of repairs are needed, if they effect your health or safety.

If they do, then you may have to go to court and prove your case to legally be released from your obligations in the lease. This is when and why you will need to be able to prove your case with evidence of your requests.