I've never found that to be the case and I use it all the time. The links I provided give you the full decisions.I've been digging around scholar.google.com but it seems paid accounts are often required for viewing the entire document.
That's a good question. I think there are separate and distinct issues there. Pet odor is not inherent in owning pets. Pets can, and should, be bathed frequently and not allowed to pee inside. Dog and cat pee permeating carpets are primarily what causes pet odor. You can never get that smell out without replacing the carpets so that's "damage."Since smoking was not prohibited, could an odor possibly be considered "deterioration" of any type? Pets were clearly prohibited from lease. Had this been pet odor, this would make sense. Right?
The odor of smoking is inherent in smoking so when smoking is permitted or not prohibited, then the odor is not "damage."
When I had my rentals I allowed smoking and pets. I would tell prospective tenants that the former tenants were smokers and had pets and I did all I was going to do to get the place ready and that if they were smokers and had pets they would be leaving the same smell behind to they had to take the place as is. If they had a problem with that or they weren't smokers and had no pets then they needed to look elsewhere.
If your landlord didn't handle his new tenants that way, it's his problem, not yours.
Yes.Like I said, I'm still waiting for the itemized breakdown. Once I receive it, my next course of action will be to write a demand letter. I'm assuming it best to cite case law and the Texas Property Code as accurately as possible when making any "demands".
And I suggest attaching a completed (but not filed) small claims complaint form to show that you know all about small claims court. Give him a deadline date for the return of your money and then go file the day after the deadline.
No. A person who is allergic to cigarette smoke is not the "ordinary" tenant and should have been warned by the landlord that smoking was not prohibited.Also, "A landlord's duties and the tenant's remedies under Subchapter B, which covers conditions materially affecting the physical health or safety of the ordinary tenant, may not be waived except as provided in Subsections (d), (e), and (f) of this section." - 92.006
Does the health condition of the new tenant make this exempt?
Understand that I'm not a lawyer and I make no guarantees. I think you have points in your favor but there's no way to predict how it'll go. I once took a tenant to small claims court. The first thing the judge said to us was "I'll give you 15 minutes to work this out or neither of you will leave here happy." Well, we worked it out. I got some of my money out of him in cash as opposed to potentially getting no money if I had to chase him down after getting a judgment.What are your thoughts??

