Legal options regarding terminating lease for failure to repair

[Filmmaker21]

Texas

My girlfriend's water heater broke at the end of November. In her lease, it says the landlord has 7 days to respond to a repair request and take action to fix any issues. She did not hear back from him until mid December, and no one came to look at the water heater until Christmas Eve. It is still not fixed.

Under Texas Property Code Section 92.056, the circumstances that allow a tenant to terminate the lease are listed, and she feels these are applicable, as the landlord has 1. Violated the terms of the lease by waiting so long and ignoring contact, or attempting to pawn it off on the property owner's association, 2. She has not withheld rent during this incident, and 3. He responded to her request to terminate the lease by stating that when it's up he will attempt to recoup the rent due in the last few months of the lease.

I can't find the source, but while researching, we found a few sites that stated in Texas, a landlord has to make a good faith effort to re-lease the apartment to recoup the lost rent from her termination.

Does anyone know if that is accurate, and if so, would him waiting until the lease is up in May and attempting to collect March-May rent constitute a violation of that law? What constitutes a good faith effort to find a replacement tenant?

In short, does she have cause to terminate, and should she sue to break the lease, or wait for him to sue, or what? Best route to take?

 

[Filmmaker21]

Update

The prop code regarding the landlord finding a new tenant is 91.006

 

[FarmerJ]

why hasn't she called city housing inspectors and had them verify its not working and send him a work order telling him he has to fix it ( if he still refused to fix it then they could condemn the unit so NO One can live there until its fixed and any other issue that goes with condemnation. IF by chance the unit is condemned then that lease is officially over and there is no action the LL can fairly take to force her to pay any more rent.

 

[Filmmaker21]

Inspector

I will suggest that. I am still interested in knowing if she has a case without it, as I am not certain an inspector can make it out quickly enough.

 

[Just Blue]

I will suggest that. I am still interested in knowing if she has a case without it, as I am not certain an inspector can make it out quickly enough.

Why can she not post for herself?

 

[Filmmaker21]

She's not in a position to monitor the thread and reply in a timely fashion.

 

[Zigner]

She's not in a position to monitor the thread and reply in a timely fashion.

Then how can she be expected to deal with this legal matter? You can't do it for her...

 

[Filmmaker21]

I'm just trying to get some basic info to see if she has a case. Can we get back on topic?

 

[Zigner]

I'm just trying to get some basic info to see if she has a case. Can we get back on topic?

We actually ARE on topic. If she doesn't have the time or inclination to pursue this herself, then she doesn't have a case.

 

[FarmerJ]

So how many times in writing has she complained sending the complaint via certified mail or confirmed mail delivery ? If all she did is call then how would she be able to prove to a court that she had complained more than once and the LL refused to repair it ? in order to prove to a court that the LL violated own lease its going to take more than a he said she said session in court. SO tell her to call building inspections since they are the one governmental agent that the courts will accept its findings with out any doubt or question. Then her recourse if the property is condemned is to sue the LL for prorated refund of rent paid that could not be used due to condemnation and if the LL is not fair with her deposit money to sue for full refund of that too based on LLs property being condemned.

 

[Filmmaker21]

Will do.

She has the emails she sent, his eventual reply, his exchanges with the condo association stating it was their problem and their response verifying the ownership terms that showed it was his responsibility, and emails after from him alleging that nothing was wrong with it. She also has statements from the repairman that she had come out stating what the issue was and what it would take to fix it.

 

[Filmmaker21]

She does not have the time today, not in general. She has been pursuing info on this in a number of ways from a number of sources. I am trying to assist.

 

[OHRoadwarrior]

Generally speaking, emails can be spoofed. She needs to send a certified letter requesting repair.