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  1. #1
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    Dec 2012
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    Exclamation Request for 48 Hours Notice of Repairs as Accommodation of Medical Condition

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

    My son is only 2 but has alot of severe health problems, *his eci case manager helped me write a note requesting at least 2 days written notice for repairs, or water being turned off (that they schedule for maintaince, they would post a letter at 8 am to turn off water for 3+ hours at 12) my question is would that letter apply to work being done on the outside of my apt? 3 days ago we came home to our house smelling like paint thinner, we werent even in our townhome for 2 mins when my son broke out in hives. We werent notified of them painting out doorway, which smelled up our townhome. I confronted the apt manager about it she said that she doesnt have to give notice. Is this true? I again tried to stress to her that my sons condition is very unstable and him having an allergic reaction that could have been prevented if she would have gave us notice is just unethical. I ask this question now because right after i put my kids down for a nap, then i heard a weird noise i opened my door to find them PAINTING MY DOOR! Again i just spoke to the manager about my son having an reaction to the paint 3 days ago, she never mentioned that the door needed to be painted. So i had to wake my kids up and go to my mom-in-laws until my husband gets home to sir out the house for it to be safe. Sorry this is so long but short version is does my apartment have to give me prior notice to work on the immediate area outside my townhome, ie door? * About my sons disabilities: Hes severely allergic (including contact reactions) to corn (which is in paint), carries an epi-pen; bilateral dislocated hips with defective ossification, ataxia, hypotonia, osteopenia, mild hearing loss (but they think there is a problem with his brain processing the sound) severe developmental delay, & keeps regressing for unknown reasons. We just applied for ssi but havent went to appointment yet. * We are also in the process of saving up the 1500 to break our lease due to the fact that they keep needing to do renovations, water keeps being shut off (boiler system, that city said will have to be replaced if they cant keep it fixed. I have already called the owner & he told me to talk to the manager, or call their 1800 number because he was too busy to be involved with the day to day at apts he owns. * Seperate question, my sons eci case manager brought up seeking legal aid to break the lease instead of paying the 1500, due to the fact of them not accomidating my sons special needs & never giving even 12 hours much less "amble time" that my lease states. Do you think i even have a shot or just pay the money. Ive lived here 4 months. * Thanks for reading!!



    Lease:
    When we may enter:
    If you or any guest or occupant is present, then repairers, servicers, contractors, our representatives, or other persons listed in (2) below may peacefully enter the apartment at reasonable times for the purposes listed (2) below. If nobody is home, then such persons may enter peacefully and at reasonable times by duplicate or master key (or by breaking a window or other means when necessary) if:
    (1) written notice of the entry is left in a conspicuous place in the apartment immediately at entry; and
    (2) entry is for: responding to your request; making repaird ir replacements; estimating repair or refurbishing costs; performing pest control; doing preventive maintance; checking fir water leaks; changing filters; testing or replacing detection or alarm devices or batteries; retrieving unreturned tools, equipment, or appliences; preventing waste of utlities; exercising our contractual lien; leaving notices; delivering, installing, reconnecting, or replacing appliances, furniture, equipment, or security devices; removing health or safety hazards, or itens prohibited under our rules; removing perishable foodstuffs if your electicity is disconnected; removing unauthirized animals; disconnecting ulitilies involved in bona fide repairs, emergencies or construction; retreiving property owned or leased by former residents; inpecting when immediate danger tk personbor property is suspected; allowing persons ti enter as you authorized in your rental application; allowing entry by a law officer; showing apartment to prospective residents (after moveiut or vacate notice given); or showing apartment ti government officials for the purpose of housing/fire ordinace compliance, and to lenders, appraisers, contractors, prospective buyers, or insurance agents.

  2. #2
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    Default Re: Request for 48 Hours Notice of Repairs as Accommodation of Chemical Sensitivity

    Roughly how many units are in this complex?
    Quote Quoting anita6
    View Post
    My son is only 2 but has alot of severe health problems, *his eci case manager helped me write a note requesting at least 2 days written notice for repairs, or water being turned off....
    The note says what?
    Quote Quoting anita6
    my question is would that letter apply to work being done on the outside of my apt?
    Once you tell us what the note says, we'll be better positioned to answer that.
    Quote Quoting anita6
    Hes severely allergic (including contact reactions) to corn (which is in paint)
    Although there is corn starch in some paint (finger paints, tempera paint, watercolors) it's exceptionally unlikely that it was in the paint your landlord was using. Also, the fumes wouldn't carry corn. Which is not to say some other sensitivity might not have been involved.
    Quote Quoting anita6
    Seperate question, my sons eci case manager brought up seeking legal aid to break the lease instead of paying the 1500, due to the fact of them not accomidating my sons special needs & never giving even 12 hours much less "amble time" that my lease states.
    I expect you mean "ample". When the boiler goes down, it needs to be fixed. They don't need to give notice for that. For work that does not involve entering your unit, notice is not ordinarily required. When you share what the note says, we can comment on the note.

  3. #3
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    Default Re: Request for 48 Hours Notice of Repairs as Accommodation of Chemical Sensitivity

    Please answer the following questions.
    Quote Quoting Mr. Knowitall
    View Post
    Roughly how many units are in this complex?

    The note says what?
    Quote Quoting Lehk
    View Post
    that sounds excessive to me
    Do you know of a way to repair a boiler without shutting off the water?
    Quote Quoting Lehk
    That sounds reckless / negligent to me
    If maintenance accidentally did leave the door unlocked, that would be negligent. (Reckless? No. Just negligent.) But as they say, "No harm, no foul' - there are no damages to support a tort claim. I expect this was reported to the landlord, and it would be interesting to hear how the landlord responded.
    Quote Quoting Lehk
    But i have read and reread my lease it states nothing about housekeeping or giving them the right to enter for that reason.

    that sounds illegal to me
    She didn't bother to share the full notice, but in context it suggests that they aren't going to turn a blind eye to other issues when they enter the unit to perform maintenance. They may simply be talking about trash on the balconies. Obviously there are some problems in the community. If you can back up "sounds illegal" with authority that would support the position of actual illegality, please do.
    Quote Quoting Lehk
    ....while i doubt those things alone get a court to let you terminate the lease, they might depending on jurisdiction.
    In what jurisdiction will the complaints given to date allow a tenant to get out of a lease?

  4. #4
    Join Date
    Jul 2012
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    479

    Default Re: Request for 48 Hours Notice of Repairs as Accommodation of Chemical Sensitivity

    You need to get to the TExas legislature site and start reading up on landlord-tenant law. It's under the Real Property Section, then expanding + sign for landlord tenant ... then residential tenancies.

    They aren't entitled to be in your place without notice unless it's an emergency. Unless they have to open the door to paint it, unlikely they'd need to mess with notice.

    You're free to sue them for breach of contract if the place is in such iffy condition that they have to do X-Y-Z all the time (incl. water), but part of that is observance of the place before you rent.
    That said, I'd also pester the local housing authority about this sort of thing, or a local landlord-tenant commission.

    Seems to me you ought to have been far more careful about choice of places and asking existing tenants about how it's run, etc. before selecting (and esp. about getting X-Y-Z in a lease before signing on dotted line even if you got "they're ok"

  5. #5
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    Default Re: Request for 48 Hours Notice of Repairs as Accommodation of Chemical Sensitivity

    Quote Quoting Foster_Foster
    View Post
    You're free to sue them for breach of contract if the place is in such iffy condition that they have to do X-Y-Z all the time (incl. water), but part of that is observance of the place before you rent.
    It's not a breach of contract to temporarily shut off the water to perform a boiler repair. Did you have something more in mind? What do you imagine would come out of suing a landlord for "breach of contract" in this case?

  6. #6
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    Default Re: Request for 48 Hours Notice of Repairs as Accommodation of Chemical Sensitivity

    if by Chemical Sensitivity you mean http://en.wikipedia.org/wiki/Multipl...al_sensitivity it's not a recognized disease so I doubt you will get anywhere with avoiding the fee for breaking the lease on those grounds.


    However the frequent breakdowns might be, assuming they are as frequent and severe as you are implying.

  7. #7
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    Default Re: Request for 48 Hours Notice of Repairs as Accommodation of Chemical Sensitivity

    Read the post. It's about paint fumes, allergies, and a broad range of other medical conditions.

  8. #8
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    Dec 2012
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    7

    Default Re: Request for 48 Hours Notice of Repairs as Accommodation of Chemical Sensitivity

    Chemical sensitivity were not my words my title was changed. Corn is in everything, from the "fresh" fruit/veggies to his vacinations (doc put on hold because his reaction was so bad) heres a list of derivatives with corn http://www.cornallergens.com/list/co...table-list.php

    I understand about the water but if every 2-3 days my water us being shut offfor 4+ hours at a time its very frustrating. We gave been here almost 4 months andthe apt was supposed to be completely renovated but they have had to replace the ac, replace electric box, all wires, 3 fuses in fridge (even though it was supposed to be new), replace mirrors (they had they had too to make everyones the same), come to inspect my apt 7 times (always saying its a pre city inspection), painted my door twice, & then the other day had to come and replace all plugs because they didnt meet standards, and like every other repair 4 hours after they replaced the plugs my lights downstairs shut off because it was not done right. Also when i came home after they were done my house was unlocked and all my blinds were open (you could see my computer, gaming system, & tvs from the outside, surprised that it wasnt stolen.

    Because if them leaving my door open i have printed up the right of privicy letter to send them, hoping some if this will stop. Also i got a letter on my door yesterday (but dated 4 days ago) stating:

    "We will be looking at the maintaince items, HOUSEKEEPING, & balconies-all trash and items that are not nade to be outside needs ti be removed ofv your balconies!!!"


    I called them and they said that when they did the repairs so many houses were not clean to their standards, thats why they are now going to check your housekeeping & you will get a warning if its not clean. But i have read and reread my lease it states nothing about housekeeping or giving them the right to enter for that reason. I told them that if they wanted to check the repairs they should have done it when they did the repairs or later that night when themanager came by for the fuse breaking. They said its their right to enter for any reason they feel is needed.

    can they do this also? Ive lived in apts for 6 years and have never had this amount of problems. When we leave here we wilk be going to rent a house i know that for sure.

    Another quick question when i leave my house is there a note or something that i can put on it to tell them that i dont give them permission to enter my apt?

    Thanks for everyones help.

    ***note hospital didnt take my sons allergies seriously i told them no tape, but they gave him kind removal TAPE on his eyes for his mri instead if the wrap that i asked for his eyes didnt open for almost 2 hours afterhe woke up because they were swelled so much and he had hives on his eyes and in his hands where the tape over thewrap touched his skin. He also had his reaction diarrhea (brught yellow and very acidic) for 2 days. Now they believe me but at the cost if my sons suffering.


    EDIT:
    I know there are alot of errors on my posts but im on a tablet so sometimes it pushes the wrong letter.
    Sorry

  9. #9
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    Sep 2012
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    Default Re: Request for 48 Hours Notice of Repairs as Accommodation of Chemical Sensitivity

    I understand about the water but if every 2-3 days my water us being shut offfor 4+ hours at a time its very frustrating.

    that sounds excessive to me

    Also when i came home after they were done my house was unlocked and all my blinds were open (you could see my computer, gaming system, & tvs from the outside, surprised that it wasnt stolen.

    That sounds reckless / negligent to me

    But i have read and reread my lease it states nothing about housekeeping or giving them the right to enter for that reason.

    that sounds illegal to me

    bring up all this info when you talk to legal aid, while i doubt those things alone get a court to let you terminate the lease, they might depending on jurisdiction. depending on the management company they may cave when they get the letter from legal aid.

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