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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 19470
Experience:  B.A.; M.B.A.; J.D.
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Me and my boyfriend just renewed out lease on 10/1/2016, but

Customer Question

Good morning, and yes, Me and my boyfriend just renewed out lease on 10/1/2016, but every since a new company took over the last 6 months there has been ongoing issues with the company. Long story short, I want to get out of the lease, for multiple reasons, but the reason I am getting with you is because I have had written notice to the company for over 3 weeks (I am trying to locate when the initial work order was submitted) about my walk in shower door not closing and the floor getting soaked everytime I take a shower. Going through the lease, this is the only thing that I can think of, other than he-said, she-said customer service problems, that may be able to legally get me out of the lease since it is water leaking, and in-turn a huge fall risk/personal safety concern. Is it worth looking into further?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Texas
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Notice: If Landlord fails to repair a condition on or in the Property that materially affects the physical health or safety of an “ordinary tenant” as required by the Lease or the Texas Property Code (the “Code”), Tenant may be entitled to exercise remedies under §92.056 and §92.0561 of the Code. If Tenant follows the procedures under those sections, the following remedies may be available to Tenant:
a. terminate the Lease and obtain an appropriate refund under §92.056(f); b. have the condition repaired or remedied according to §92.0561; c. deduct from Rent the cost of the repair according to §92.0561; and/or d. obtain judicial remedies according to §92.0563.
Tenant should not exercise these remedies without consulting an attorney or carefully reviewing the procedures under the applicable Code sections. Failure to strictly follow the procedures in the applicable Code sections may cause Tenant to be in default of the Lease.
JA: Anything else you want the lawyer to know before I connect you?
Customer: that is the section I was referring to of my lease
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 11 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 11 months ago.

I am sorry, but I do not understand what your question is.

What is your specific question?

Thank you for your cooperation,

Customer: replied 11 months ago.
Can I break my lease? It is a 1-year agreement from 10/1/2016-10/1/2017
Customer: replied 11 months ago.
or at least, it is worth getting with a face-to-face lawyer to pursue
Expert:  Phillips Esq. replied 11 months ago.

Thank for the information.

Under the circumstances that you have described, you can elect to break your lease since you have given the property management proper notice of the outstanding repairs, but nothing has been done to address your issues. Under Texas Property Code you are allowed to break your lease if necessary repairs are not being taken care of.

Best wishes,