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Dear Customer, thank you for choosing Just Answer. I would like to assist you with your question today. The condition you have described is one that requires your landlord to repair the damage, or you have the right to break the lease. (You may also be entitled to withhold rent given the nature of the damage.
Texas has a very direct, and powerful set of rules to protect tenants in this type of situation, the following is an excerpt from the Texas Attorney General's page: https://www.oag.state.tx.us/consumer/tenants.shtml#health
You have a right to demand that the landlord repair any condition that materially affects your health and safety. Under Texas law, by renting you the property, the landlord guarantees that the unit will be a fit place to live.
SB 1448 (81st Regular Session), effective January 1, 2010, now grants justices of the peace authority to order landlords to repair or remedy conditions affecting a tenant's health and safety, as long as the cost of the repair does not exceed $10,000. Tenants can go to justice court without an attorney to obtain a repair order.
i can break the lease even though i paid for july when i signed to lease she promised the problem would be handled and every time this has happened i have asked to move and answer is no have not have a 2 bed room onl y 1 can we insist on moving to the 1 bed room until such time as we can leave
You can break the lease meaning you can leave the unit without having to pay any further rental payments (normally if you have a 1 year lease and wish to leave after 6 months, you are still liable for paying the last 6 months, if your landlord refuses to perform material and significant repairs, you can move without being liable for that additional time).
Your landlord may not have to provide you with another unit to move in to, but you can leave the complex and find a new place to live without this type of poor maintenance and potential safety issues. If you discuss the matter in these terms (preferably in writing, use a letter, you may be able to negotiate something that works for you as well).
ok thank you very much.
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thanks for your help and we will move forward