Can I break my lease based on the maintenance problems I have been having?

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Can I break my lease based on the maintenance problems I have been having?

I remember reading in my lease contract that if property management did not fix a maintenance problem in a timely matter that I would have to option of breaking my lease with no penalty. I have had at least 6 service calls put in for appliances breaking and have had to make 2 service calls for my a/c failing to work. The second time it has been over 24 hours and it is not fixed yet. Do I have the right to break the contract on these grounds?

Asked on May 20, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You may indeed.  But I would not make that determination yourself.  I would go to court and bring all your proof and ask the court to "render the lease void" based upon the provision that you speak of here.  Otherwise it just looks like you breached the lease. Also read the lease to see what type of notice requirements you are required to give.  Good luck.


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