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Can we get out of a lease under 92.056 or 92.0561?

Denton, TX |

Since moving into the apartment for almost a year we have been complaining about the air conditioning not working or freezing up. Really high electric bills etc. We just got an email finally saying it was because when the building was remodeled in 2010 the return air vent was sheetrocked thus not cooling properly, freezing, causing extemely high electric bills.

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Attorney answers 1


The answer to this question is very fact specific and complicated. Caution should always be taken in attempting to terminate a lease under Section 92.056. Section 92.0561 only relates to a Tenant's ability in certain situations to make repairs and then deduct the cost of such repairs from any rentals owed to the Landlord. Section 92.056 does allow a Tenant to terminate a lease in certain specific situations following multiple notices to the Landlord without any repairs by the Landlord. Care should be taken in complying with the notice provisions contained in the lease and in the applicable section of the Texas Property Code before taking any action to terminate the lease or deducting repair costs from rent. My recommendation is that you seek the advice from a qualified attorney who regularly deals with Residential Leasing before you take any affirmative action to repair and deduct or terminate the Lease.

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