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  1. #1
    Join Date
    Oct 2012
    Posts
    6

    Default Heavy Dust or Lint Coming Out of Air Vents

    My question involves landlord-tenant law in the State of: Texas

    One question. I am living in an apartment costing me $1300 per month and I am literally scrounging for work to pay this place. I have two kids under 18. I have no health insurance for myself. For the kids, yes.
    After moving in in August, about three weeks into living here, I noticed a blue/grey fiberlike material resembling an combination of dryer lint/heavy dust upon everything in this apartment. It gets in the hairbrushes, on tables, blinds everywhere. This is a few days after cleaning it. I had maintenance check it out and they fixed something related to the dryer vent but it did not fix things. It seemed better at first but now we realize it is getting worse. They did not tell me what it was. All of us have been having respiratory symptoms that are allergic in nature. Even visitors that have spent a little time have noticed and even had some similar symptoms. Congestion, itchy throat, sneezing, cough, drainage. We have not been to the doctor yet. My kids are scheduled next week. I cannot afford it for myself.
    My question is this, my lease states a cancellation option and they require 60 days notice rent paid for those two months, and an additional month's rent for canceling. This is impossible for me as my only income is child support and intermittent jobs. I contacted the Austin Tenants Council and found some forms on their website where it says to request repairs up to twice and if it is not repaired after the second request I can move out and file for remedy with the courts. Is this true? Am I able to get out of my lease if this is causing health problems even though I do not have the money for what they require to cancel the lease? We cannot continue to live here like this. I would have to find somewhere else first. Anyone know about this? I would greatly appreciate any input on this topic.

    Thank you

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Fibrous Material Coming Out of Vents/Layer of Material Residents with Symptoms

    In a simple answer, no. You need to give proper notice, etc.. before being able to legally break your lease. Based on your assertions, you will likely be evicted before then.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Heavy Dust or Lint Coming Out of Air Vents

    You complained, they attempted to fix the problem, it got better for a while. Now it's a problem again and... what happened when you again asked for a repair?

  4. #4
    Join Date
    Nov 2012
    Posts
    17

    Default Re: Heavy Dust or Lint Coming Out of Air Vents

    No, you cannot be released from your lease. Why? Because the problem was addressed and repair.
    You said it has started again. Again, YOU have to give notice to have it repaired. This time request in writing that the problem was not resolved and you would like for it to be looked at and taken care of.

    If they did not look into it, did not repair, and it happen again and you sent a request and nothing was done, than yes, you have a reason to break the lease.
    This time of the year, and the weather changing, everyone has some type of cold syptoms you are describing. A doctor that specialize in allergies will have to document it was from whatever that dust is.
    Using the word, "fiber like" does not mean asbestus which you are trying to tie into. It won't work. It is just lint from clothes.

    Sorry, but your financial problem is not the LL problem.

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