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I was renting an apartment and had signed a i year lease. At move in there were several things I listed that needed repairing. I kept calling the office asking when they were going to be fixed and they would say soon. Three months later they still had not been addressed. I also had given several complaints about the neighbor above me banging until 2-3am. They were sent messages, but nothing was done. I read in my lease if repairs were not done in a reasonable period of time I could move because they did not fulfil their responsibility. I sent an e-mail that I was moving by sept 1,2009 and I moved out on 8-30,2009.The manager says I broke the lease and owe them $3,400 rent for the next 3 months. The apartment has already been leased to someone else. Am I resonsible for this amount since they broke the contract and have already rented the apartment to someone else.

Submitted: 63 days and 3 hours ago.
Category: Legal
Value: $38
Status: AWAITING CUSTOMER ACTION
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Optional Information

State/Country relating to Question: Texas

Already Tried:
I explained my reason for moving that as a tenant paying rent I had a right for repairs to be made in a timely manner

Answer

If you can prove that the breached the contract by not complying with a term of the lease, such as repairs/maintenance, then you would not be responsible for remaining period of the lease.

 

If you can also show that the apartment was rerented, you would not be responsible for the rent after the date on which the new tenant moved in. This would be true whether or not they breached the lease. The legal term for this is "mitigation of damages".

 

 

Please let me know, what follow-up questions you have.

 

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In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

 

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Expert: J.Hazelbaker
Pos. Feedback: 100.0 %
Accepts: 
Answered: 9/21/2009

Attorney

Attorney and small business owner with 8 years experience in the general practice of law.

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