Q: Can I break my lease due to ongoing roach infestation in Texas?
I have been dealing with a roach infestation in my apartment for over a year. Despite repeated discussions and a formal letter to the landlord, no action has been taken to resolve the issue. The problem has now escalated to the point where roaches are in my refrigerator, affecting my ability to store and eat food. Additionally, my apartment manager refuses to provide me with a copy of my lease agreement. Given these circumstances, can I legally break my lease due to these unlivable conditions?
A:
Before taking any action please consult with an actual landlord/tenant attorney. Apply for Legal Aid if you cannot afford legal help.
See Texas Property Code Sec. 92.056.
1. Notice to the Landlord
You need to make sure your landlord has received your notice of the issue in the correct way (for example, by certified mail or another form that tracks delivery). The notice must explain the problem (the roach infestation) and give the landlord time to fix it. If you’ve already done this, ensure it was done through one of these official methods.
2. Reasonable Time for Repairs
The law gives the landlord a reasonable amount of time to fix the problem—usually seven days. Since the issue has been ongoing for over a year, and no action has been taken, this means the landlord hasn’t made a diligent effort to fix the problem.
3. Your Options
Now that the landlord hasn’t fixed the issue, you have several legal options:
-Terminate the Lease: You can choose to break the lease because the apartment is uninhabitable. If you do this, you are entitled to a refund of the rent you’ve paid after the termination date, and you can also get your security deposit back.
-Repair and Deduct: You can hire a licensed pest control company to fix the infestation and then deduct the cost from your rent. The cost of the repair can’t exceed one month’s rent or $500. You’ll need to provide the landlord with the bill and proof of payment.
-Take Legal Action: If you want to go further, you can pursue legal action in court to resolve the issue.
4. Document Everything
Make sure to keep a record of all your communications with the landlord (letters, emails, etc.) and any evidence of the infestation (photos or videos). If you hire a pest control company, keep the receipts and bills, as you’ll need to show these to the landlord if you decide to deduct the cost from your rent.
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