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Can I get out of a lease if the landlords don't hold up their end of the bargain? |
I'm pretty sure I have a standard 12 month lease agreement in Texas. The landlords/apartment owners have not kept up one of the amenities on the property that I've lived for over two years. The fitness room is full of broken equipment and that is more than likely caused by underaged children using the facility incorrectly. I wrote a letter to the manager at one point about it and was told that the equipment was being replaced with new equipment but it's been over six months and that hasn't happened. They've recently changed owners (or possibly just management companies) and now the fitness room has been completely locked up (after hours, I assume, as I'm never here when the office is open). Is there any action that I could take against the management company and/or owners? I've looked over the lease and parts of it are very vague referring to the property and not specifically amenities. Any push in the right direction will be appreciated. The fitness room is not in your lease agreement. If the owner decides to lock it up and never open it again, they can legally do that. It does not, in any way, have anything to do with your apartment and it's condition. Take them to small claims court for damages. Ask for $100 a month in damages due to loss of use of the equipment room. You can use the money to get a gym membership. It's unlikely you can actually break the lease because an amenity is not up to standard; you could if there was a defect in the apartment making it unlivable. If the landlord is not keeping up the property as they should you may be able to file for a constructive eviction. This is like an eviction in reverse. Kind of like kicking your landlord out of your lease therefore stopping your obligation. Try to research that in your area. Good luck! If you lease stipulates that the fitness center will be maintained to a specific standard and it is not you can probably break your lease for non-performance. YES, if the landlord breaks their end of the lease, that means the contract is broken and you can leave. Find out what your state laws say you have to do to leave. Yes u can u just have to have proof plus take him to court It depends what was on the lease when you signed it. Read it and notice if it says anything about use of the fitness room, or the condition of the equipment. |
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