I have placed two work orders to management at my apartment complex for a light that has been out for over a week in the breezeway of my apartment complex making it really dark at night and a potential for danger and crime.
The light has not yet been repaired, does it qualify for the type of repair and habitability problems that qualify for repair-and-deduct in the state of Texas?
Texas Property Code § 92.056. Landlord Liability and Tenant Remedies; Notice and Time for Repair
Part 2 says the condition materially affects the physical health or safety of an ordinary tenant;
A light out in the hallway affects the safety of my family and I, we could get robbed, mugged or worse and we literally cannot see a thing. We have to have our cellphone flashlights on to put the key in the door.
(3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service;
For part 3 I have not done yet at least, because I typically just put in a work order. I imagine if this went on long enough I would have to send them certified mail regarding this repair?
(4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3);
What would a reasonable time to repair be? Would it be after sending the certified mail?
What interests me most of all in this section here:
(e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may:
(1) terminate the lease;
When exactly can the above step be taken?
And finally this part here:
(g) A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561 .
My lease says I have to give them two written notices before I can terminate the lease.