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  1. #1
    Join Date
    Sep 2015
    Posts
    2

    Default Can You Break a Lease Over a Landlord's Insufficient Response to Bedbugs

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

    *disclaimer* I am a 1L but I am not here looking for help with an assignment. By disclosing this I now can never come looking for help with an assignment

    Facts:
    I moved to attend law school and signed lease on 8/1
    During walk through inspection I noticed what might (not being a professional) be signs of bed bugs (spots painted over, albeit not well, that looked like fecal matter of bed bugs)
    Took photos and sent them to LO (leasing office) and asked for a professional exterminator inspection
    Inspection conducted on 8/5 we were told by LO no sign of bed bugs
    Moved in items as of 8/8
    Spent first night 8/16
    8/21 being bitten, pull apart bed find nothing
    8/24 still being bitten, pull apart bed find 2 bed bugs, save them in jar
    8/25 Extermination company (WW) does inspection and verifies not only presence (found a bug on mattress) but also that the evidence we saw previously was actually what we thought it was.
    8/27 I miss class to sign extermination agreement before the LO closes so that extermination can happen on 8/30. Out of frustration I contact WW to get their info on the inspection and they send both the first inspection and this one. First inspection (8/5) saw "dead/activity". Apartment has never been treated previously.
    Agreement for treatment requires that they treat, treat again in two weeks, and then again in two weeks using chemicals that do not kill eggs.
    8/30 first treatment
    9/14 should have been second treatment, they inspected, found nothing and declined to treat even though we told them we were still being bitten.
    9/15 WW tells us they can no longer speak to us about anything (wouldnt even tell us what chemicals were used) LO will not return call as promised, which has been a common theme.

    We want to break the lease and be reimbursed for the money we have shelled out in mattress casings, laundry, lost time at work, hotel for pets because we had to be displaced from the home the full day during treatment while we still had work or school.

    But most of all we want out of the lease! Is that going to be possible here?

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

    Default Re: Can You Break a Lease Over a Landlord's Insufficient Response to Bedbugs

    Your state does not have any landlord-tenant laws specific to bedbugs. You may follow the procedures set forth in Property Code Sec. 92.056.

    Quote Quoting Texas Property Code, Sec. 92.056. Landlord Liability and Tenant Remedies; Notice and Time for Repair
    (a) A landlord's liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties.

    (b) A landlord is liable to a tenant as provided by this subchapter if:

    (1) the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid;

    (2) the condition materially affects the physical health or safety of an ordinary tenant;

    (3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, or by registered mail;

    (4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3);

    (5) the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); and

    (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given.

    (c) For purposes of Subsection (b)(4) or (5), a landlord is considered to have received the tenant's notice when the landlord or the landlord's agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord.

    (d) For purposes of Subsection (b)(3) or (4), in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time. To rebut that presumption, the date on which the landlord received the tenant's notice, the severity and nature of the condition, and the reasonable availability of materials and labor and of utilities from a utility company must be considered.

    (e) Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may:

    (1) terminate the lease;

    (2) have the condition repaired or remedied according to Section 92.0561;

    (3) deduct from the tenant's rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561; and

    (4) obtain judicial remedies according to Section 92.0563.

    (f) A tenant who elects to terminate the lease under Subsection (e) is:

    (1) entitled to a pro rata refund of rent from the date of termination or the date the tenant moves out, whichever is later;

    (2) entitled to deduct the tenant's security deposit from the tenant's rent without necessity of lawsuit or obtain a refund of the tenant's security deposit according to law; and

    (3) not entitled to the other repair and deduct remedies under Section 92.0561 or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563.

    (g) A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561 [repair and deduct].

  3. #3
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Can You Break a Lease Over a Landlord's Insufficient Response to Bedbugs

    You are in right place to put new skills to use...make the rules work for you....The TX Attorney General has a site about renting .....some excerpts :

    SB 1448 (81st Regular Session), effective January 1, 2010, now grants justices of the peace authority to order landlords to repair or remedy conditions affecting a tenant's health and safety, as long as the cost of the repair does not exceed $10,000. Tenants can go to justice court without an attorney to obtain a repair order.

    Under certain conditions, you and the landlord may have a written agreement that you will make needed repairs. The landlord does not have a duty to pay for or make repairs if you or your guests cause an unsafe or unhealthy condition through negligence, carelessness, abuse or accident—unless the condition resulted from "normal wear and tear."....

    If You Have Problems

    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:

    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.

    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, you will need to send a second notice letter regarding the needed repairs.

    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.

  4. #4
    Join Date
    Sep 2015
    Posts
    2

    Default Re: Can You Break a Lease Over a Landlord's Insufficient Response to Bedbugs

    Thanks so much for the information! We have followed some of these steps and are now on the path to follow the rest. Sorry it took so long to thank you guys. This law school thing is intense!

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