[TXhockeyfamily]

We are leasing a house in the DFW area and the lease is set to expire at the end of August. We have had multiple issues that the leasing agency/maintenance have failed to address and we planned to move then.
However about a week and a half ago we came home to water running out of the doors and garage. We shut off the main water and called the Emergency number and left a message (appx. 12am) and started to clean up (put furniture on blocks and taking out the water logged items), we went upstairs and went to bed at appx. 3am. Woke up at 9am and called the Emergency line again (still haven't heard back) and left another message. Didn't hear back all day and called the Leasing agency (where we usually call for payments) and explained what was going on. They aparently got in touch with somebody, because a carpet guy showed up around 3pm. He (only 1 guy, no crew) and my husband moved furniture and pulled up the carpet in both living areas so he could remove the carpet pad. He sucked up over 75 gallons of water and then set up 1 blower and 1 dehumidifier in the living room. I asked if he was going to set up more for the other living area, closet, bath, utility, kitchen or garage and he said no. He just said we needed to move them to other areas in the mornings and evening until everything was dry and he'd be back in a couple of days to check on it.
This will be really long if I continue to go into detail, so I'll cut it shorter.

We are unable to stay in the house because the entire downstairs in unlivable. We have a toddler and a newborn and I do not want them in the house with the mold smell and the unsafe conditions. The maintenance people have not been back to repair anything. The carpet guy has not been back to check on the floors or do anything. We have had a cleaning/repair service (sent by our Renter's insurance co) pick up damaged/wet items to see if they can be repaired or cleaned.
No one has cleaned up the damaged (warped/molding) kitchen cabinets, walls or baseboards and the house smells horrible. We have moved in with family until we can get this settled. We have 5 people (2 adults, 3 children) in 2 bedrooms and need to find a more permanent arrangement.

This is the latest issue in a long line of maintenance problems that have been ignored. We have had broken glass on the back door since a break in attempt in December of 2009. There is shingle damage from storms last year and more from this year. There are minor things as well that have been there since we moved in (broken handle on microwave, missing cabinet pulls, non-functioning ceiling fan & light, etc.. )

What I'd like to know is if this is enough grounds to break out lease without penalties to us? We have found another house and could move in as soon as 2 weeks, but need to figure out what to do about the current lease.

Thank for any & all help,

[ballengerb1]

I'd have to actually read the lease you signed to answer if the lease is breakable, most likely not without a penalty. You may consider calling the health department and ask them to inspect for habitability. If they back you you might be scott free

[excon]

What I'd like to know is if this is enough grounds to break out lease without penalties to us??

Hello family:

In a word, YES.

The Uniform Commercial Code, which is accepted by every state, has a requirement that a rental property must be "habitable", and yours isn't. So, the FIRST thing you need to do is CHANGE your thinking... WHEN the landlord DIDN'T respond to your requests, HE broke the lease - NOT YOU... You are just going to DO something about the breach...

Write the landlord a CERTIFIED letter return receipt requested. In the letter inform them that they are in violation of the "warranty of habitability", and you'll be taking up residence in your local 5 star hotel until they take care of it. Inform them that THEY'LL be responsible for your hotel bill... Tell them they have 72 hours to return your apartment to its original condition, or you'll find other lodging, and sue them for ALL your expenses...

excon

[AK lawyer]

... So, the FIRST thing you need to do is CHANGE your thinking.... WHEN the landlord DIDN'T respond to your requests, HE broke the lease - NOT YOU... You are just going to DO something about the breach. ....

Excellent point! Posters on this board incorrectly use the phrase "break lease" so often that I sometimes ignore it. But quite true.

But the UCC (Article 2A in particular) doesn't apply to leases of real estate.