Trying to Break Lease

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embersshadow

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Hello,
I have a situation in which all proper protocol was followed due to an electrical problem with the fan (it was sparking). I sent a certified letter with recipet. Today I checked the problem and it was still there. After typing up a letter with our intent to use our rights to break the lease because it was not fixed within a reasonable time period, we went to the office to speak with the manager.
Apparently the manager had been out for the week but the assistant manager had signed for the certified mail, without giving the manager any notice, nor opening it.
The manager is attempting to refuse to let us break the lease because of this, because she did not know about the issue, yet I cannot see how this could be our fault.
Any advice on where to go from here?
 
clarification

The fan was sparking, which is a health and safety issues. My contract states that if I send a certified mail and allow them a reasonable amount of time for repair (one week according to the tenant council), and they do not do it, I may terminate the lease contract by giving them a written notice. I have done all that.
The manager was not in last week. The assistant manager signed for the certified mail but did not open it or inform the manager about it. That is not our fault, yet they are trying to use that as a reason why I cannot break the lease. This does not make sense and I'm trying to figure out where to go next.

Texas
 
You might get some arguement over the importantce of the ceiling fan. You should reread your lease make sure you know whats in there. Then contact a Tenant/Landlord Attorney or even Housing to be sure you can take the actions you desire. Whether this is breach or not we cannot say just make sure you have all your ducks in a row before you take an action that can bite you in the rear
 
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