Howdo Ilegally go about getting out of a leaseif thelandlord is not following the law?

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Howdo Ilegally go about getting out of a leaseif thelandlord is not following the law?

Landlord did not fix A/C unit for over 72 hours with house being over 95 degrees, and my mom having cancer. Mom had just had chemo treatment and had to be in a cool environment. Landlord is no longer answer emails or phones for last month.

Asked on August 1, 2011 Texas

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  The landlord has breached what is known as the warranty of habitability, which is an implied warranty in every lease agreement.  It basically says that the landlord warrants that the apartment is fit to be inhabited by you.  Many people use this warranty for bugs, rodents, etc.  Air conditioning could fall under this warranty if it is not an express breach of the contract or lease agreement.  If the AC is part of your rental contract then he has breached the contract.  Go down to the local landlord tenant court and ask the clerk to allow you file a complaint against the landlord and ask that you pay the rent in to court.  That will get his attention.  And ask for a rent abatement for the time that you are without the AC.  What is most important is to get your Mom someplace safe.  So decide how you want to handle that and if the landlord needs to reimburse you for expenses ask for that too.  Good luck.  

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  The landlord has breached what is known as the warranty of habitability, which is an implied warranty in every lease agreement.  It basically says that the landlord warrants that the apartment is fit to be inhabited by you.  Many people use this warranty for bugs, rodents, etc.  Air conditioning could fall under this warranty if it is not an express breach of the contract or lease agreement.  If the AC is part of your rental contract then he has breached the contract.  Go down to the local landlord tenant court and ask the clerk to allow you file a complaint against the landlord and ask that you pay the rent in to court.  That will get his attention.  And ask for a rent abatement for the time that you are without the AC.  What is most important is to get your Mom someplace safe.  So decide how you want to handle that and if the landlord needs to reimburse you for expenses ask for that too.  Good luck.  


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