Hurst, TX asked in Landlord - Tenant for Texas

Q: If you rent a townhome in Texas, the sliding glass door has been broken since October, really before, you notified them

In Oct 2023, and other problems. They said they cannot afford to fix. Can I get out of early lease termination!

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1 Lawyer Answer

A: Sections 92.056 - 92.0563 of the Texas Property Code outlines the procedure to follow if the landlord is responsible for the repair of the sliding glass door under the terms of your lease. Follow that procedure exactly.

Until the landlord makes the repair or use exercise one of your remedies, it is extremely important that you remain current on your rent payment at all times.

Because your request involves a sliding glass door, be aware that Section 92.153 governs the pin lock, handle latch, and security bar on exterior sliding glass doors and your remedies for such devices are governed by Subchapter D.

Except as provided in the Texas Property Code or in the terms of your lease agreement, you cannot terminate your lease early without penalty for a landlord's failure to repair the premises. But, if you follow the procedure set forth therein exactly, you may be able to pay for the repair and have it completed yourself, and then deduct the cost of the repair from your rent. In most circumstances, if the sliding glass door was broken by the tenant, occupants, or guests of the tenant, the tenant is responsible for the cost of repair. Your renter's insurance also may cover it and may be able to assist you in making the repairs in that instance.

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