Legal Question in Landlord & Tenant Law in Texas
Can I sue my landlord???
I am in the process of terminating
my lease with my apartment
complex because they have been
negligent in making repairs that I
have requested. I sent them 2
written requests for the repairs and
allowed them at least a month
between each request for the
damages to be fixed. They have done
nothing to remedy the problem. I
want to know if I can sue my
landlord for breach of contract ?? ( In
my lease it states that the landlord
will be responsible for reasonable
repairs and the first written request
for repair was in Feb. 2007) I
appreciate any advice given.
1 Answer from Attorneys
Re: Can I sue my landlord???
Under the property code, for repairs that affect health and safety, the tenant must make a written request for repairs. Seven days is considered to be a reasonable time for repairs to be made. Remedies are available if one letter has been sent certified mail or two letters have been sent otherwise. Tenant then has the choice of three remedies: 1)repair at own cost and deduct from rent, as long as costs don't exceed one month's rent 2) terminate the lease or 3) sue the landlord for damages. If you are terminating the lease, you have made your selection; you cannot then sue. Another option is to send a letter to the manager requesting the name and address of the owner of the property. Also state that failure to respond may cause you to take legal action. Send it certified mail, return receipt requested. By law, they must provide the information to you within seven days. IF they don't, and they often don't, you have the right to unilaterally terminate the lease. I would terminate the lease under the failure to give the owner statute and then sue for failure to make repairs. It would be advisable to hire an attorney for this lawsuit.
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