If I still have no kitchen and no gas and it’s been 2 months, can I get out of my lease?

And what are the steps to do it?

Asked on November 6, 2012 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As a tenant, you have an implied warranty of habitability as a tenant in Texas.  Not having a kitchen and going into the cold weather season with no gas, would certainly qualify as circumstances that violate that warranty.  Before you can break the lease, you must provide your landlord written notice of a request to repair.  If after a reasonable time for the repair has passed, you can break the lease-- again by putting the notice in writing and specifying the reasons why.  Here is a link to a Tenant's Rights Handbook which applies to tenants in Texas that may also be helpful:  http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/ConsumerTenantRights/Tenants'RightsHandbook.pdf


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.