Can you get out of a lease if the leasing company has not made repairs after being repeatedly asked to do so?

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Can you get out of a lease if the leasing company has not made repairs after being repeatedly asked to do so?

We moved in on 06/11. A week later I gave a request for a few things I found wrong (we need a new front door jamb, the kitchen sink leaked, lights on front of the house did not work). A few weeks later nothing had been fixed so we submitted another plus now there was a leak in the ceiling. We went in several times to remind them. I emailed the head of maintenance and got no reply. Finally they fixed the sink but he said they could not do the other repairs yet. We added on another request because the fridge was not working. Nothing has been done 3 months later. We gave a written notice again.

Asked on September 15, 2010 under Real Estate Law, Texas

Answers:

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

Answered 10 years ago | Contributor

Ok, generally courts and judges do not like tenants to "self help" themselves by withholding rent or deducting for the work to be done.  You have done the right things and are being very patient.  I would suggest that if you can not wait any longer that you seek to pay your rent in to court until th much needed repairs to make yiur apartment habitable are completed.  Since you have been continuing to pay the rent - and correctly so - maybe there was no incentive to get it done quickly.  The fact that the rent is going in to court may be the incentive they need to put you to the top of the list.  Good luck.


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