My question involves landlord-tenant law in the State of: Texas
Hi,
I'm in a bit of a potentially sticky situation. Basically, I'm on a year lease at an apartment complex. I've wanted to get out of my lease pretty much since day one, but I was familiar enough to know that there has to be a legal reason. Well, I found one when the ceiling of my building, i.e. the floor of the tenants above me, began creaking so loudly at night that I couldn't sleep. So I began to go through very meticulous steps to ensure that if the problem wasn't handled, I could get out. I recorded several instances of the noises, brought the recording along with a signed letter asking for the problem to be remedied to my leasing office. When nothing was done, I filed a work order request, upon which action was never taken, then two months went by. 3 days ago, I went into the lease office again, spoke to another individual and I was prepared to deliver another letter, when they showed me that they had my original letter on file and admitted that the maintenance crew likely did nothing.
Here's my potential snag:
I went in today to formally announce that I intended to leave in 60 days and that I would fight any attempt on their part to get me to remit payment for early termination fees, giving back promotional discounts, etc., on the grounds that they did not uphold Texas state lease law. However, I was told recently that although I'm allowed to deliver a letter in person, there might be an issue with the fact that I didn't have it delivered via certified mail. Can they nail me on that detail even though two of their leasing agents admitted that they not only received the letter 60 days prior, but that nothing had been done? It seems to me that the point of specifying certified mail would be to legally ensure receipt of the letter, but when I showed up, they had my letter on file and admitted to having received it some time earlier.
Please advise
Thanks!

