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  1. #1

    Default Home Falling Apart

    My question involves landlord-tenant law in the State of: Texas
    Me and my husband have stayed at our home for a year and in July we re-signed another 1 year lease. We had been telling them of things broken about 4 months before we re-signed our lease. They came out and looked wrote down what parts they needed and left. They did this about once every month but nothing was ever fixed. When we signed our new lease we told them about our door not shutting and they have yet to come and fix it. Now our screen door is broke and keeps putting holes in our front door. Neither doors shut all the way or even lock! The microwave leaks from the air vent and has sparked a few times and gets the stove wet so now only one burner on my stove works. I am due to have a baby in 3 months and I cannot stand it here anymore. We have started looking into other property's but are scared to break our lease.

    Question: What will happen if we leave now? Do we have grounds to move with all the repairs needed? Please advice.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Home Falling Apart

    Per the Texas AG's Office,
    Quote Quoting Problems With the Premises
    If the landlord won’t make repairs needed to protect your health, safety or security and you follow the procedures required by law, you may be entitled to:

    • End the lease;

    • Have the problem repaired and deduct the cost of the repair from the rent or

    • File suit to force the landlord to make the repairs.

    You must Follow These Steps:

    1. Send the landlord a dated letter by certified mail, return- receipt requested, or by registered mail, outlining the needed repairs. You may also deliver the letter in person. Keep a copy of the letter. Be sure that your rent is current when the notice is received.

    2. Your landlord should make a diligent effort to repair the problem within a reasonable time after receipt of the notice. The law presumes seven days to be a reasonable time, but the landlord can rebut this presumption. If the landlord has not made a diligent effort to complete the repair within seven days and you did not have the first notice letter delivered to your landlord via certified mail, return receipt requested, or via registered mail, send a second notice letter regarding the needed repairs.

    3. If the landlord still has not made diligent efforts to repair the problem within a reasonable time after receipt of the notice letter sent by certified mail, return receipt requested, or by registered mail, you may be entitled to terminate the lease, repair the problem and deduct the cost from your rent or get a court to order that the repairs be made. You should consult with an attorney before taking any of these actions.

    Under Texas law, it is illegal for a landlord to retaliate against you for complaining in good faith about necessary repairs for a period of six months from the date you made such a complaint. Of course, you can always be evicted if you fail to pay your rent on time, threaten the safety of the landlord or intentionally damage the property. You do not have a right to withhold rent because the landlord fails to make repairs when the condition needing repair does not materially affect your health and safety. If you try this method, the landlord may file suit against you.
    For a serious problem (e.g., an exterior door that won't close property and lock) local housing officials may be able to assist. Note that Texas requires your rent to be current in order to utilize the aforementioned "repair and deduct" remedy.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Home Falling Apart

    It sounds like you have compounded all these issues with total disregard for collateral damages. Are you prepared to pay for the stove and front door to be fixed?

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