Apartment Ratings :: Question - no hot water for 6 month's then can I break the lease and get my deposit back?

no hot water for 6 month's then can I break the lease and get my deposit back?

by tgoin40@gmail.com in Breaking a Lease, TX

Asked 169 days ago

4 Total Answers

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4 Total Answers

Answer by Publisher777 on Mar 23, 2008 at 5:30AM

After 1 month which is 30 days you should have been complaining, it do not take 6 month's to get your money back. Apartment complex-es have rules that they have to follow and you don't have to let hem know you are telling on them for not doing their job. Go over their heads and let the city of ______ water works take a visit through, then you will get more than your money back. Smile

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Comment by tgoin40@gmail.com on Mar 23, 2008 at 5:50AM

Thank You that's what I thought, I had made daily verbal complaints as well as written and my lease said I could leave now I have to take them to court. Thanks

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Comment by tinyelfmomma on Jun 24, 2008 at 1:18PM

Find yourself an attorney who is board certified in real estate law. Contact the State Board of Referrals, or the Dallas Board for an attorney who will work with you. Legal Aid may also help. Especially if you are disabled. Usually, one phone call from a reputable attorney will solve the dilemma. I know; I work for one.

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Answer by LeasingQueen113 on Mar 25, 2008 at 10:49PM

You sure can end your lease.
Hot water is NOT a luxury. It is REQUIRED by the state of Texas and is considered a utility.
If this is their fault, which I am guessing it is, (since people don't generally do something ill to upset their hot water)
then yes, this makes your premises at fauly BY THEM.
Take them to court!

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Answer by ellyemsmith on Mar 26, 2008 at 10:43AM

Landlord/tenant law in most jurisdictions (I am a lawyer in FL so this might be different in TX) imply a convenant of habitability into residential leases. This is non waivable (so the lease contract cannot exclude it) and should apply to a basic necessity such as hot water. You may: break the lease, ask your landlord to repair and offset the costs against future rent, abate the rent to an amount equal to the fair market value of the unit in light of the damages or stay there (as you have) and pay rent but sue for damages later. I recommend asking for the repair and a rent abatement. Start with a demand letter. If the landlord doesn't bite - move out. You do not have to live in that type of environment. If your landlord even trys to tell you that you are responsible for the remainder of the lease term, dare him to sue you and remind him of the implied warranty above. Most importantly, put ALL of your correspondance in writing and send by certified mail from this point forward.

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Answer by tonestar on Mar 26, 2008 at 3:05PM

If you were unhappy with your situation for 6 months why wouldn't you have provided the 30 day notice? By the way: You didn't have hot water, you are disabled and have a small child? This apartment community is INSANE for not refunding your deposit and calling it even. The amount of different ways you could file a complaint/sue them is astounding.

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Comment by tgoin40@gmail.com on Mar 26, 2008 at 6:09PM

Yes I did and I had to boil water during the time I lived there and carry it upstairs to the bath tub where I had to give my 2 yr. old daughter a bath plus I have a disability. I wrote and complained daily and always got lies that they are working on it or something or another. during the last month I was there, there was luke warm water but I still had to boil water to wash dishes and to bathe.I figured after 6 month's that was enough time and left now I want my deposit back and they are saying no because I didn't give them 30 days notice.

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