How can I get out of a horrible apartment without breaking the lease or having to pay additional fees?

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How can I get out of a horrible apartment without breaking the lease or having to pay additional fees?

I have been living here since for 6 month and have had problems since day one. The apartments is infested with roaches, the A/C constantly breaks, etc. They never do their job. Once I had the sink disposal broken for nearly 4 months until they fixed it. The constantly turn off hot water with not notice for up to 3 days. They left a large amount of furniture in and around the trash cans right infront of my apartment for about 2 months, and suddenly I get bed bugs. All of my fruniture is brand knew so Im really pulling my hair trying to figure something out.

Asked on April 19, 2012 under Real Estate Law, Texas

Answers:

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

Answered 9 years ago | Contributor

You have what is known as a breach of the warranties of habitability and what you neeed to do is to go to landlord tenant court and to ask that the court allow you to start a proceeding against your landlord for the breach of the warranties, to allow you to pay your rent in to court and to gie you an abatement (reduction) of the rent.  The landlord needs to be placed under watch of the court to fix the problems.  If they are not fixed then you can ask to have the court decalre your lease null and void.  Note past things that have been fixed do not count but continuing problems such as the roaches and bed bugs count.  Good luck.


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