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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55699
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Only, Can we terminate the lease if they have not received

Customer Question

Richard Only,
Can we terminate the lease if they have not received certified mail of the repair request? They were told verbally and by text back in mid June and acknowledged the problem by having Sears come out. I sent certified mail of the repair request yesterday just to cover bases. Do I need to wait or can I act immediately ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Hi Katie. To be absolutely safe, you would want to send the notice by certified mail. But, in my experience, the key is that the landlord receives the notice and here it is clear that the landlord received the notice. So, to be safe, you'd want to wait from the date of the certified mail; but in my experience, you would not be adversely impacted if you proceed based on the text notice.

Customer: replied 1 year ago.
we should wait an additional 7 days from the date of receipt (today)
Expert:  Richard replied 1 year ago.

If I were you, I would do so.

Customer: replied 1 year ago.
OK thank you!
Expert:  Richard replied 1 year ago.

My pleasure. Have a blessed day!

Customer: replied 1 year ago.
Hello again, after re reading our lease agreement. I noticed that there is no physical address to send repair notifications to. In the line where it tells me how and who to contact for repairs all there is is a phone number, but no mailing address. The lease also says they will receive electronic written communication so I do not have an address to certify mail anything too.
Also the lease says my landlord is Jose but the phone number provided is not Jose, it's his sister who tells me she is authorized to deal with the lease. She is not mentioned anywhere on The lease and will not give me Jose's contact info(land lord per lease)My question is, after we broke our lease due to unsafe living conditions last week, the owner immediately had some chemical put into the duct system which is supposed to prevent (not remove existing) mold and now they want me to schedule with them to allow them to have the house tested for mold. I am afraid if it passes whatever test they performed that they will try to say the house is safe to live in and won't let me break my lease. What advice can you offer. All of my pretreatment tests and photos clearly show and tested positively for mold. See attachments sub sections 18 repairs, 34 L landlord and 32 notices which show a phone number (Jose's sisters) and no address to send anything to so we reached out by Text for repairs and unsafe conditions because that was the only address we had that we could send electronic/ written requests too.Thank you
Expert:  Richard replied 1 year ago.

If the lease provides no written address, and one will not be provided, if you send it electronically that will satisfy your obligation. The landlord will not be allowed to benefit from the landlord's refusal to allow you to comply strictly with the statute.

Customer: replied 1 year ago.
Ok so if I allow the landlord to have the house tested for air quality and it passes now that work has been done, am I still allowed out of the lease at that point because of the original problem/conditions and their failure to fix it timely?
Expert:  Richard replied 1 year ago.

It would be ultimately up to the judge, but in my experience, given your facts, you would prevail if it came to a suit.