Legal Question in Real Estate Law in Texas

Lessee rights

When I sign the lease for the house I'm in, there was quite a bit of things that needed done to the place. All of which were put in writing giving us (lessee) a copy and the owner (lessor). They have not repaired any of the items listed and now our A/C is not cooling properly. For the past 3 months our eletric bill has doubled and our next one will be well over $400. With all that is wrong some being health issues,and others on repairs, what rights as the lessee do I have to break my lease agreement.

Thanks RW


Asked on 8/07/00, 5:01 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Lessee rights

It is the landlord's obligation to provide you with a suitable place to live which includes appliances which function properly and a healthful atmosphere. Also, if the items listed in your lease which required repair were part of the problem, you have many rights.

His failure to live up to your agreement constitutes a "constructive eviction" which gives you a legal basis for terminating the lease if that is your choice.

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Answered on 9/18/00, 11:57 am


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