CanI sue my landlord for problem with my apartment?

I’ve lived in my apartment for 4 months and have had non-stop problems. 2 days after I paid rent for this month we had major flooding from upstairs with food debris everywhere. A few days later, leaking from the restroom upstairs. Now the toilet is broken and flooding and they only ordered a toilet a week and a half later. I was going to transfer to another apartment but was not satisfied with only getting $200 off rent. I don’t want to deal with the hostile lady in the office so I gave my notice to move. I don’t want to pay rent for this month because the conditions have been disgusting.

Asked on August 25, 2011 Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Rather than suing your landlord for the problems that you had with your rented unit, you should have a meeting with him or her and ask for a partial refund of monies paid for rent in that you did not receive what you were paying for.

If the landlord is unwilling to do this, at the very least obtain a written agreement from him or her agreeing that your lease's term is terminated early where you have no further obligation owing on it. Also, try and obtain in a written agreement from your landlord that you may stay one further month at the rented unit gratis before moving on.

From what you have written, you seem to have a right to terminate your lease due to the absence of safe and habitable conditions that every state through its laws require tenantsto be provided.

Good luck.


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