Q: Can I break a leasing agreement without penalty if management is not enforcing their own rules within their contract?
I have a neighbor living in a 2-bedroom apartment. The law or their apartment rules states only 4 people are allowed to live there. The neighbor's apartment has 8 people (2 adults, 6 children) living inside that unit. Management confirmed they're aware of the situation but have done nothing to correct it. Does that allow me to break my lease and move without penalty?
A: No. If more than six of the people are adults, you could sue to enjoin it and potentially recover your attorney fees under Section 92.010 of the Texas Property Code. But six of them are children.
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