Legal Question in Landlord & Tenant Law in Texas

Breaking a lease

DALLAS, TX : My girlfriend is under contract/lease at her apartment until September 2008, but is needing to relocate due to harassment by her ex boyfriend. She has a protective order against him, but he was never listed on the lease. Because he was never listed on the lease the apartment complex is refusing to let her break her lease without penalty. She has several police reports stemming from the protective order that occured on the apartment complex property. (verbal harassment, vandalism, burglary of the apartment, 3 seperat occasions where he broke her apartment windows,keying car) Even with all this information provided to the managment, they still refuse to let her break the lease penalty free. Is there anything she can do to force them to let her break the lease penalty free? She feels she is in danger, and is also currently 4 1/2 months pregnant and fears of future danger!


Asked on 5/29/08, 7:12 pm

1 Answer from Attorneys
Ryan Bormaster D. Miller & Associates, P.L.L.C.

Re: Breaking a lease

She can write them a letter, placing them on notice, that she is in fear for her health, safety and welfare because they have failed to keep a safe premises. She can tell them that she feels they have violated the DTPA by promising a property of a particular quality/standard and not providing it and she can tell them that she feels as if she has been constructively evicted based upon the continuous criminal activity directed at her on their premises, the fact that they are on notice of this activity and have made no subsequent remedial measures. She can give them a deadline to sign off on her moving from the premises and if they refuse she can tell them she will be suing them for breach of liease, violations of the Deceptive Trade Practices Act and Premises Liability. Then, if she moves from the premises and they attempt to collect she can hire a lawyer to defend her and she, at least, has a chance of success on her defense and on her counterclaims. She needs to send the police reports with the letter.

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Answered on 5/30/08, 2:39 pm


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