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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 117365
Experience:  Attorney with over 24 years experience.
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I live in Tarrant county in texas and I have lived under a

Customer Question

I live in Tarrant county in texas and I have lived under a tenant that has vomitted, thrown massive amounts of cigarette butts, bottle caps and bottles over the rail. My lanlord has not cleared the area and it has persisted for several months. I want to break my lease.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Texas in Tarrant county Grand Prairie
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: The area of the rubbish is right outside of my rear door. this area is supposed to be taken care of by the landlord. I have several emails from the lanlord that they would complete a workorder to remedy the situation but nothing has been done for months.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have pictures and numerous letters back and forth to the resident manager
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You are entitled to peaceable use and possession of your premises, that is guaranteed under your lease terms. If you have given your landlord notice of these unsanitary conditions in writing and the landlord has not sought to stop the conduct or clean the area, then that is legal cause to file to terminate contract based on the landlords breach of warranty of habitability and failure to cure the unsanitary conditions.
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Customer: replied 2 months ago.
Is there a statute that covers this?
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

Texas Property Code 92.061 state habitability is a common law right of a tenant. So the right is not fully statutory, it is one that that is part of common law tenant rights.

Expert:  Law Educator, Esq. replied 2 months ago.

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Customer: replied 2 months ago.
What should I leagally be responsible to pay to vacate after giving 90 days of notification?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
No if the landlord is in breach of lease, you would not be liable to pay the lease you would actually be able to sue the landlord for damages including the cost of moving.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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