How do I get out of an apartment lease?

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How do I get out of an apartment lease?

I’ve been complaining about this smell coming from my A/C unit since I moved into this apartment complex. It’s been about 2 months and they have yet to fix the problem. I emailed the manager and she said that maintenance was trying to fix it but I yelled at them when I saw them using my electricity to power their tools (they were in a crawl space that is in the hall) and had my front door wide open. The smell is giving me these intense headaches. So according to the manager it’s my fault this problem has not been fixed?

Asked on April 17, 2012 under Real Estate Law, Texas

Answers:

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

Answered 9 years ago | Contributor

Certain states, such as California, have specific provisions in their housing codes that deal with "noxious odors" and the right of a tenant to break their lease on this ground.  You need to check the statutes in your state and see if in fact tht is true there as well.  I would also bring an action against the landlord in landlord tenant court for breach of warranty of habitability and for an abatement (reduction) of the rent.  You ask to pay your rent in to court until thre is a determination.  Good luck.


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