Legal Question in Landlord & Tenant Law in Texas

I've had several problems with my apartment including car break-ins, an attempted apartment break-in, sink and bathtub problems, mold problems and right after I renewed my lease (it's a year lease) I had several leaks in my ceiling appear. Soon after the appearance of leaks my ceiling caved in and I discovered more mold and mushrooms covering the insulation and wood beams (I have a few pictures to confirm). The management "fixed" my ceiling but less than a month later after a recent thunderstorm several more leaks appeared in my apartment (in some areas water was literally pouring into my apartment). The main reason I want to break my lease is for the ongoing problems with the roof and ceiling (it's been about three months since the main initial leak problems). Is this ground enough to break my lease without paying for the remaining term of my lease? Will I be able to get my deposit back?


Asked on 8/09/12, 5:18 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Every residential lease in Texas carries with it an "implied warranty of habitability." From your description, the apartment is not habitable. Go ahead and move out. Be sure to take lots of pictures. It will be a fight to get your deposit back.

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Answered on 8/10/12, 8:47 am


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