Legal Question in Landlord & Tenant Law in Texas

We are in month 1.5 of a 12 month lease. We have had several repair issues with the current landlord. Yesterday our ceiling in the kitchen collapsed due to a water leak. He advised us he would fix it when insurance ok'd it. We complained that it was unreasonable for us to live in/pay for a house that had a major hole in the ceiling and made our kitchen un-usuable. He advised us to move out if we didnt like it. We agreed and asked for our deposit back. He said he would terminate the lease as of October 1st and give us the deposit back in full. We asked to be credited for the 15 remaining days in the month that we will be packing up and moving out during, while staying elsewhere to assist with these unplanned moving expenses. He said no, we could take his termination or leave it and he would hold us to the remaining terms of the lease. Our question is what are our legal remedies? We need to leave this is just another in a series of issues we have had since we moved in but we need to monies to move with? Do we have any rights to moving reimbursement?


Asked on 9/16/09, 12:20 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

If you are packing up and moving out during those 15 days, your property is occupying the apartment. I think your landlord's offer is reasonable

However, he has a duty to provide tenantable premises to you. You may be able to sue him for damages (if there were any) and breach of contract. The time, effort and expense of doing so would likely eclipse the 15 days rent you are trying to recover.

Read more
Answered on 9/22/09, 12:23 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Texas