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Under TX landlord tenant laws can I break my lease for landlord's failure to disclose trains that pass by at night

Asked over 3 years ago - Houston, TX

Breaking a Lease Landlord / Tenant Real Estate

I rented an apartment in Houston that is surrounded by a small forest. When I was previewing it, the sales man never once mentioned that behind the trees about 15 feet away, there were railroad tracks. You cant see the because of a huge wooden fence and the trees. I am a resident medical student and work rediculous hours so at night went I would like to get some good sleep, I CANT because the train passess by at night. I was not disclosed of this matter and would like to relocate. How can I break my lease. Thank you

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Attorney answers (2)

Robert W. Doggett

Reputation Level 9

Answered about 3 years ago.

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If the tracks were hidden, then it was not your fault in my view. (This is a key factual issue so take pictures.) The landlord knew, and should have made this problem clear to you before you rented. You are probably not the first tenant that got a rude awakening. I would send the landlord a letter demanding to be released from the lease, plus damages for loss of sleep, moving and the time involved changing mail and other services. If the landlord is reasonable, he will let you out of the lease at least. If not, sue the pants off him. Be sure to get video of the train with sound, and log the times it comes down the track. Don't withhold your rent whatever you do. This is general information, and not intended to be legal advice. If you want legal advice, consult with an attorney directly.

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Thuong-Tri Nguyen

Reputation Level 20

Answered over 3 years ago. Family Law Attorney in Renton, WA.

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If you were in WA, you would likely have no legal relief. In WA, you would be presumed do your own due diligence. The law would presume that you drove around the neighborhood during different times of the day (and night) to check out the neighborhood and make sure that the neighborhood meets your expectations.

The railroad tracks likely were not hidden such that you could not have discovered them had you did your due diligence. In WA, the seller/salesman would not have to disclose what is obvious or can be reasonably discovered.

Perhaps TX is different. Perhaps your local city or county is different. You can check with a local attorney to see what the local laws are.

Alternatively, have you ask the landlord? Perhaps you have an understanding one who will release you from the lease without penalties. Even if there are penalties, perhaps the amount is not so big that you would not be willing to pay to get some sleep.

Or, you can look at the situation as a training opportunity in that you need to develop the ability to sleep anywhere anytime to make up for your long and irregular hours.

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