Legal Question in Landlord & Tenant Law in Texas

Breaking a lease due to abandonment by landlord

I am co-signer on my daughter's apartment lease. Can she legally get out of her lease due to ''abandonment'' by the landlord? She has documented at lease three repeated requests for repairs and has to date, been ignored. We would like for her to be able to terminate the lease, but not in a manner that would put both our credit ratings in jepardy. What are her options?


Asked on 12/07/06, 3:57 pm

1 Answer from Attorneys

Sharon Campbell Sharon K. Campbell

Re: Breaking a lease due to abandonment by landlord

If they are issues that affect health and safety and she has made the written requests you indicate, one of the remedies under the property code is termination of the lease. She can send a letter, certified mail, return receipt requested, terminating the lease under the property code. Be advised, however, that even though this is a remedy allowed by the property code, the landlord will most likely not recognize it and will come after her and/or you for breaking a lease. You will need to hire an attorney to file suit against them in order to prevent this from hurting your or her credit.

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Answered on 12/07/06, 4:33 pm


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