Home Improvement Contractor - Licensed Contractors

Breaking apartment lease due to negligence?

Somewhere in my apartment building, there is a leak which has caused a large water spot on my ceiling, and the paint is chipping off. This spot becomes soaked several times a week. It has been almost 2 weeks since I notified my apartment manager about this, and they have yet to make any effort to fix it. A few times when I have called and complained, the maintenance guy has come and just looked at it, but nothing has been done to correct the problem. Yesterday I sent a certified letter to put the problem in writing and I am aware that if they don't do anything now to fix the problem I have legal grounds to break my lease (I live in Texas), but I do have to give them "reasonable time" to fix it. My question is....what is "reasonable time?" They may have to get a contractor to tear up the ceiling...and we have just been through the holidays....so how long should I wait before having my lawyer send notice that I am breaking the lease?

Public Comments

1. Ask your lawyer what resonable time is. Write down all the times you called and spoke with them. MOST IMPORTANTLY...TAKE PICTURES! Get a picture of the ceiling from every angle so that you have something to show a judge if need be.
2. I would say give them 30 days to respond to your letter. Then if they haven't talk to an attorney.
3. in OK the have 24 hours to acknowledge the problem talk to an attorney
4. unfortunately, in texas, if it is a TAA lease. you cannot break it. you should take pictures and document everything by making copies. If the discoloration becomes speckled with black spots then I would tell the manager you are going to report it for mold. However, you should talk to the manager in her office because they may be making sure that the leak is fixed before repairing the sheetrock. good luck.
5. Water leaks in buildings are never easy to find. You would think it was coming from right above you but it could be several floors up and even over on the other side of the building. If the building is old, pinhole leaks in copper pipes can cause the problem. If you are not getting results from the management company you should deal direct with the owner and find out if they even know about the leak. I would also look into any information regarding Landlord and Tennant Acts at the municipal or State level to see if there is a process that has to be followed.
6. Do a google on lease laws in Texas. I did that here in Ohio and there are ways to legally break a lease for specific incidents and landlord negligence. But in Ohio, these incidents are very specific and you'd probably want to ask your lawyer before doing anything. Read up first and then ask questions in case your lawyer charges. That way, you can minimize the cost. But a lot of lawyers will give a first consult for free and then give you an estimate if they feel they can help you win. There are lots of websites that have state laws online that you can read. Reasonable time would probably be defined based on the length of time they've responded and the severity of the problem. Another tactic to take, if you live in a large complex, is to notify the owner and not the landlord (they can be two different people...the landlord or management company can be onsite to collect rent, do routine maintenance, administrative stuff). I did this once and got some results. I found my county's tax records online and located the owner via address. Then I found their phone number and called to tell them of the problem. I had an AC unit go out and no fix for nearly 6 weeks during 90 degree summer heat. Good luck.
7. Have an attorney draw up a demand letter to the building owner.......This will initiate the "TIME it takes for the landlord to respond........You may also be re-imbursed for any expenses you have incurred to get this problem taken care of ......including your lawyerss fee, court filing fees, copy fees, service of process fees etc....... Good luck !
8. I say call a contractor and have them give you an estimate on how long it would take to correct the problem. That's the reasonable time you give them. However, time started running when you notified the apartment manager. Since they now have your complaint in writing, they should start on the repairs right away because they are breaching the implied law of habitability. "'In every written or oral lease or rental agreement for residential premises the landlord or lessor shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety.' This is just a fancy way of saying that the building must meet all state building codes, have heat in the winter, suitable drinking water, be sanitary and structurally sound. If these conditions are not met, the tenant is allowed to withhold the rent until the conditions or problems are restored to order. In extreme or prolonged situations, the tenant is able to terminate the lease agreement." See what they do in a week, if nothing is done, have your lawyer send them a letter indicating that they are in effect in breach of the lease if they do not act right away.