Legal Question in Landlord & Tenant Law in Texas

Breaking an apartment lease

I have a problem that the apt will not fix after repeated requests. Lease said that if I send a certified letter (which I did already) stating the problem and they still do not fix it within a reasonable amount of time, I can terminate the lease. But ''reasonable'' is not defined in the lease. So it is their word against mine what is reasonable. My questions:

1) Who (or how) can determine what is reasonable amount of time?

2) Do I still have to give the stipulated 60 day move out notice if it's determined that I am legally allowed to break this lease?

3) I got 1/2 month off when I moved in. Lease said that if you break the lease, you have to return the concession. But under this circumstance (that they do not uphold their responsibility, hence breaching the contract), do I still have to stick to my end of the agreement and pay back the concession?

The lease does not have all these specifics. Hope you can help.


Asked on 5/28/09, 11:24 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Breaking an apartment lease

There are some objective and subjective issues involved in situations like this.

You noticed that 'reasonable' is one them. So does the issue of whether or not they have made efforts to repair the problem. And if you have not been reasonable in accepting the solution to the problem. And if the problem is emergent, or cosmetic. (i.e. is there a gas leak, or a paint smudge on sink, etc.)

IF it is determined that you have the right to cancel the lease, and have fulfilled your obligations up to that point; then THEY breached the lease and it is terminated. You don't have anything left to do but move out.

The Texas Attorney General's website has a basic primer on landlord tenant law that might have more specific information for you.

Good luck.

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Answered on 5/28/09, 4:40 pm


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