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


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

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