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I need guidance in terminating my lease. I live in texas....

I need guidance in...

I need guidance in terminating my lease. I live in texas.... my landlord has not been compliant with fixing issues such as leaky toilets (water accumulation), wood flooring is buckling bc the company he hired to fix a previous issue did not install them correctly. Its creating a pitch that is a tripping hazard, there are several serious wall cracks and gaps that are popping up all over the house, causing doors not shutting property. We have wood rot that he wont fix. We have sent him various written requests since September on these issues and others such as facets not working, mushrooms growing in our dining room from a leak he did not have fixed. We have sent him certified letters. He puts off these repairs and we have to threaten legal action everytime for him to attempt to make repairs. He is not a licensed plumber and has no knowledge of plumbing and insists on fixing the plumbing issues himself...after 2 attempts the plumbing is still leaking and he refuses to pay for a reputable contractor to fix these issues.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I sent the last certified letter asking for him to let us out of this lease...bf legal action. He convinced us to sign a 2 year lease and he painted a few rooms. The lease is at 1 year in june

Lawyer's Assistant: Have you talked to a TX lawyer about this?

All i have done is send in these requests and cerified letters. I am having trouble finding and attorney that will do this. I just want out of this contract.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats it. Im not trying to recover damages...i just dont want to be sued or my credit ruined

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Answered in 5 minutes by:
4/3/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,404
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I'm sorry to hear about your situation. As you know, this appears to be a violation of the implied warranty (promise) of habitability if there is an issue with the toilets, the wall cracks, doors, and wood. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

You may want to consider just writing a drafting a FINAL notice to the landlord detailing the problems and that you will exercise ONE OF THOSE OPTIONS if they do not make the necessary repairs to the property. If they do not respond to you within 10 days or fix the issue in that time, then you should consider moving off the property or staying on the property without paying rent. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation.

Because I value your input, I would like to know what other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
I have read about most of what you said. We sent in a certified letter asking out of the lease. We have already given him days to fix this.... some of these issues are from September. What do i need to do protect myself and terminate this lease? There is no way I can continue doing this for another year.

Save your letters describing your issues and then send one final notice advising that you're going to be breaking the lease. This way, if they try to sue you for the balance, you can show proof that these issues weren't fixed and you have the legal authority to do so.

How else can I help you today?

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Customer reply replied 4 months ago
we gave him 7 days to respond.... he sent a text message saying hes contacting his attorney. He is on the defense....and I dont want to be bullied by him and forced to stay is this house...where we have to regularly sent certified letters after months of asking for repairs... Its consuming a lot of our time.Does he have a case? I mean he didnt hold up his end of the contract. This place has not been maintained. Do I need to hire an attorney?

I understand. I don't think he has a case here because he has a responsibility to repair the place properly and the failure to do so is a violation of the implied warranty of habitability. Plus, if he decides to sue, then he would have to prove in court that you didn't have the authority to do what you did, but if you save the letters describing the issues, then that'll work as your best defense to protect you. I wouldn't worry about hiring an attorney yet until and unless he tries to sue.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,404
Experience: Licensed to practice before state and federal court
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Legal Eagle and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 months ago
some requests are in emails and text messages.... are this admissable?

Yes, those are admissible:-)

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