Can I get out of my lease if my apartment manager won’t fix a maintenance problem?

I’ve been complaining about a maintenance problem for almost 2 months that management won’t fix. The problem is a VERY noisy plumbing issue that wakes me up EVERYday. By their refusal to fix the issue can I legally break my lease?

You should read your least — most likely, it will have a clause that says the owner will keep the apartment in good condition.

The most important thing for you to do is to put your complaint in writing. Your legal rights can only be protected if you have a written record.

Try not to be threatening — just state the problem.

If you live in a city, there may be a landlord tenant agency that would intervene. Search for tenant rights and the name of your city.

4 Responses to “Can I get out of my lease if my apartment manager won’t fix a maintenance problem?”

  1. You should read your least — most likely, it will have a clause that says the owner will keep the apartment in good condition.

    The most important thing for you to do is to put your complaint in writing. Your legal rights can only be protected if you have a written record.

    Try not to be threatening — just state the problem.

    If you live in a city, there may be a landlord tenant agency that would intervene. Search for tenant rights and the name of your city.
    References :

  2. If your LL is not communicating with you regarding your request, you need to write them a letter asap. Document all communication and requests.

    There might be a reason this problem hasn’t been fixed, and your LL should communicate that with you. I had one apartment building in my portfolio that had loud plumbing, and it was extremely expensive to fix. The age of the building and pipes were causing the issue.

    I know its annoying and not being communicated with is not professional by your LL , just keep in mind what you think may be a small and easy problem to fix can actually be a massive problem that your LL is trying to figure out what the heck he is gonna do

    As a general rule, you can never really legally break your lease. There are exceptions to the rule, but most complaints by tenants are not grounds to break a lease
    References :

  3. No, you cannot break your lease, nor can you withhold rents, or anything similar. Does your lease indicate that there will NEVER be any noise in the unit which inconveniences you ? Of course it doesn’t. Your option is to continue to ask them if they will repair it. Understand that they do not HAVE to repair it……EVER. Noise does not make your unit unfit for human habitation, and that is what it takes to legally break a lease.
    References :

  4. Check your lease. Your out may be in the fine print. In Texas, with a Texas Apartment Association lease, you are able to break your lease because of a maintenance issue. But you have to follow the steps outlined. You have to submit a maintenance request, in writing, and if it is not fixed in two weeks, you are able to break your lease.
    Check your lease and call your local tenant’s council.
    References :

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