Does Texas have the 72-hour contract recission law?

Since your husband signed a lease, both of you should look at its terms, especially at cancellation clauses and conditions. It may be binding on him. Chances are, that finding one or two dead roaches, are not enough to provide grounds for rescission of the lease, unless it makes the premises uninhabitable for the usual intended use. Perhaps you can work something out with the office, since you have not moved in, although your deposit may be at risk. The 3 day right to get out of certain contracts, does not apply to this lease, unless the landlord has its' own sort of free look policy. The 3 day right of rescission, may apply to door to door sales of goods and services, and is intended to provide a cooling off period from high pressure sales pitches.

I agree with Mr. Weston The facts you stated involve 3 dead roaches, and the apartment complex stating they will treat the apartment on Wednesday. In this case, the first issue is talk to the landlord. Before you threaten to break the lease, I suggest find out if your landlord treats the apartment. Maybe the issue will resolve. Look at what is in the lease regarding the return of any security deposit and what actions the landlord has regarding you breaking the lease by reading your lease documents. Also see http://www.militaryveteranlawyer.com/2008/10/texas_landlordtenant_security.html Depending on the landlord, they may in fact be able to sue you for the entire amount of the lease. Landlords are required to mitigate (lessen) the damages, by trying to get a new tenant into the unit. If this goes to court, I do not see 3 roaches as an argument a Judge will deem uninhabitable. Remember the Texas Property Code uses a reasonable tenant. Since, you have turned in the keys, this appears to be in the landlords hands on their action. Do not be surprised if the landlord sues.

From a purely legal perspective, your husband is liable under the lease. You are not because you did not sign it. The landlord will wait until money is due and then decide whether or not to sue your husband for the entire balance due under the contract term. If the landlord rents the apartment to someone else the landlord cannot sue your husband except for the portion of the term for which it did not receive rent. Suit must be filed within 4 years of the date of breach. From a practical perspective, the landlord is more interested in revenue than in suing your husband and will probably not sue if the unit is leased within a month or two.