hello I have a question regarding my apartment lease, I want to terminate my lease because I am tired of my complex not fixing my stuff I had a leakage about a month ago and they have not gone fix it my carpet stinks and I have mold on my walls pantry and closet and my 6 year old daughter sneezes when she gets close I don't know how to terminate the contract and want to move some where else what should I do
First and foremost, you must read and review your lease agreement to see what you have to do to get the Landlord to remedy your problem. There should be some steps you must take to get the Landlord to take action to remedy the problem(s). All notices should be in writing (keep a copy) or sent it certified mail, return receipt requested and by regular, first class mail.
If you have done what your lease states plus the written letter requesting repairs and the Landlord has refused to take action, the Landlord may be in breach of the lease. At this point, you should consult with an attorney who represents tenants against the Landlord for damages and release from the contract/lease.
Now, if the landlord wants to move you into another apartment within the complex, this may be a proper remedy, so you should consider it. Ask and/or demand that the Landlord move you and your possessions to the new apartment. You can ask him to release you from the obligations of the lease, but you must insist that the Landlord or manager give should a release from your lease agreement in writing (make sure it passes the requirements of a release). You might want to get an attorney to review a release if they give you one to make sure it is valid.
My response herein is an attempt to give you general information and direction and is not intended to constitute an attorney-client relationship as perceived by state law.
You need to review your lease, and see if it addresses these situations. If not, the first thing you should do is try to discuss it with the landlord. The landlord might prefer to move you into another unit, or the landlord might voluntarily let you leave, or might just get up and fix everything. If none of that happens, then you'll need to contact an attorney about filing a lawsuit to leave and forgive all remaining rent due to a breach of the warranty of habitability. However, be advised those cases are extremely hard to win and the legislature has been so landlord friendly that in Texas that warranty is just almost dead. I hope this helps. Good luck to you.
This answer is not "legal advice" and should not serve as a substitute for the advice of an attorney who is licensed in your applicable jurisdiction. The statements provided herein are for informational purposes only and the recipient of these answers assumes all risk and expressly agrees to seek the advice of the appropriate counsel for his or her situation. Should any formal legal advice be sought, the recipient should contact our law firm at the appropriate phone number or email address.
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