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.
Thank you for your inquiry. Please be advised that this office handles the type of claims that you indicate in your e-mail. If you are interested in discussing our potential representation of you, please contact this office at the telephone number set forth below to schedule an appointment. During such conversation, a representative of our office will explain to you our rates and the basic financial terms of our potential representation. Please understand that until we have met with you and agreed to represent you, we are not your attorneys. Thank you again for you inquiry.