How to get out of an apartment lease due to constant problems with maintenance?

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How to get out of an apartment lease due to constant problems with maintenance?

My husband and I moved into an aparment complex about 3 months ago. It’s been nothing but a nightmare. The place was a mess when we first moved in. There is an odd smell that is constantly coming from the ceiling A/C unit, rat/mouse fecal matter falling down from it (I’ve told them twice about this), looks like a leak in the ceiling that is getting worse and found a cockroach in the bedroom. I’m not sure what our options with this place are. I would like to move out but i signed a 14 month lease. I don’t think this place cares about the tenants.

Asked on April 16, 2012 under Real Estate Law, Texas

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  It seems that you have a problem with a breah of your warranty of habitability.  It is assumed in your lease and under the law that the landlord provides ana prtment that is habitable for tenants.  What you need to do is to go to court to start a proceeding to have these things taken care of.  You can pay your rent in to ciurt and the court will make the landlord fix the problems.  you can ask for a reduction in the rent for the issues rised (called an abatement) and if it can not be fixed then you can ask that the court void the lease.  Good luck.


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