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  1. #1
    Join Date
    Sep 2009
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    1

    Default Tenant vs. Landlord - Smoke Detectors

    My question involves landlord-tenant law in the State of: Texas.
    Thanks for your help in advance. I live in Houston. My husband and I signed a 2.5 year lease on a property that costs 3350 the first year in rent and 3500the following years. From day one we had trouble with this property. I won't go on and on. Here are the critical details. The shower had no water pressure -- they sent plumber after plumber out - and finally decided they had to demo the entire master bath. I became their property manager per say -- couldn't use shower for weeks or master bedroom connected because of their entire redo of shower, tile, door -- you name it. They gave frightening contractors access to the house. I was changing clothes one day and one of the contractors appeared in my bedroom! I told my realtor, she wrote a letter to the owners and asked them to meet with us so we could discuss this is a calm, stable manner. They ignored the request.
    Then, the AC went out. We had a 103 degree temp in the upstairs (3rd floor) for weeks. They finally sent someone out and found the AC unit had to be replaced. For 2 days -- we again were property managers. Contractors in and out. Finally, one night I was home alone with my son at 10:00pm at night and the guy wouldn't leave. I finally decided to stay up and wait. The following morning the realtor contacted the owners and asked them to change the locks. They said no. That I should pay more attention to leaving my garage door closed because they've driven by and seen it open before. I was upset, of course. After finding out MORE problems (I'll save you details) I asked again for them to help pay the 900.00 electric bill (AC guy said all the units were running double time when they couldn't cool) and asked again for them to change our locks - for our safety. They didn't even rekey when we MOVED IN! (Against TX property code). He said I could change the lock and pay for it on my own. He would not help with the AC bill.

    Then, about a month later the smoke detectors started going off randomly. The AC guy had told me we had a possible electric issue in the house, too ...so I worried. I emailed (a form of written notification according to our standard TX Residential lease) and asked for them to check it out. They ignored it for 3 weeks. I finally emailed again. They acted surprised. I asked for them to check it. They emailed back and asked if I had a ladder. I said yes. The landlord came out and looked at it from 7 feet away and said I would say "just unplug it from the security system" because it's probably faulty. He then said I could hire an electrician to come out and fix it on my own. He left. Never really inspected it.

    I called the Tenants Council in Austin. They told me that I could either sue him or terminate the lease. So, I emailed the results of his VERBAL discussion/meeting to the landlord to make sure I had it in writing -- they responded and said "yeah, we've had strange electric stuff in our house - so just monitor it so you can stay safe".

    I took that as written proof they aren't willing to KEEP us safe. I found our family another house. Moved out. Sent them a letter that told them they terminated the lease by violating the property code regarding inspecting smoke detectors as I was told by the Tenants council. I told them I would sue them for an additional month's rent if they didn't return our security deposit (as outlined in the tenants rights under Smoke Detector laws) ...

    They are not only withholding the security deposit, but now SUING me for 80k (the remaining rent plus insane late fees) and such -- they said that I did not allow them to inspect the smoke detector "because you said your son was sleeping". It's a total lie. Like I said, I have emails with his wife talking about how I had a ladder and even followed up with the email "summarizing our meeting". Our lease says if I don't allow them on the property at a scheduled time -- that I would have to pay a trip charge. He never did that, of course because I NEVER refused his inspection. I pointed this out to him when I told him I was suing him for this ordeal.

    I now have to get an attorney, of course and I'm scared. How likely is it that this guy can get anything? I have the written trail of proof. He knows it. I know he has a duty to mitigate. The house has been on the market for a month and a half now and he priced the lease 200.00 higher than what we paid! And he has listed it for sale -- above market value.

    Please me know how to proceed. I received the letter of notification on a Friday night and I am so nervous as I wait to contact an attorney on Monday.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Tenant vs. Landlord - Smoke Detectors

    How likely is it that this guy can get anything?
    We can't answer that. These things don't work on chances and likelihoods - rather, they work on facts and evidence.

    Make sure your attorney has access to all of your facts and evidence. Make sure s/he has all of your details, even the ones you might think are unimportant.

    Then do as your attorney advises. S/he will be working in your best interests.

  3. #3
    Join Date
    Oct 2009
    Posts
    10

    Default Re: Tenant vs. Landlord - Smoke Detectors

    Quote Quoting houston2833
    View Post
    My question involves landlord-tenant law in the State of: Texas.

    Sorry my answers are in bold, I don't know how to divide text.

    Thanks for your help in advance. I live in Houston. My husband and I signed a 2.5 year lease on a property that costs 3350 the first year in rent and 3500the following years. From day one we had trouble with this property. I won't go on and on. Here are the critical details. The shower had no water pressure -- they sent plumber after plumber out - and finally decided they had to demo the entire master bath.

    They sent a repair men, as you stated, plumber after plumber and had to redo bathroom.. Sounds like the LL did it within time and trying to solve the problem.

    I became their property manager per say -- couldn't use shower for weeks or master bedroom connected because of their entire redo of shower, tile, door -- you name it.

    Being a property manager per say is irrevelent

    They gave frightening contractors access to the house. I was changing clothes one day and one of the contractors appeared in my bedroom! I told my realtor, she wrote a letter to the owners and asked them to meet with us so we could discuss this is a calm, stable manner. They ignored the request.

    You knew they were coming, "property manager per say" so you should have been aware. Could have left a note on door to knock or ring bell, do not enter till someone answer the door.

    Then, the AC went out. We had a 103 degree temp in the upstairs (3rd floor) for weeks. They finally sent someone out and found the AC unit had to be replaced. For 2 days -- we again were property managers.

    LL fixed problem in timely matter - again being property manager is irrevelent

    Contractors in and out. Finally, one night I was home alone with my son at 10:00pm at night and the guy wouldn't leave. I finally decided to stay up and wait.

    You could have told him to leave, or give him to the option of a police officer to escort him. Being home alone and with son is irrevelent, YOU knew they would be there, again you yourself said, property manager per say.

    The following morning the realtor contacted the owners and asked them to change the locks. They said no. That I should pay more attention to leaving my garage door closed because they've driven by and seen it open before.
    I was upset, of course. After finding out MORE problems (I'll save you details) I asked again for them to help pay the 900.00 electric bill (AC guy said all the units were running double time when they couldn't cool) and asked again for them to change our locks - for our safety. They didn't even rekey when we MOVED IN! (Against TX property code). He said I could change the lock and pay for it on my own. He would not help with the AC bill.

    According to your own words, AC was out two days...a $900 bill..mmmmmmm, I don't so. Even running double time would still not run $900.00...and it did run providing you service.

    Then, about a month later the smoke detectors started going off randomly. The AC guy had told me we had a possible electric issue in the house, too ...so I worried. I emailed (a form of written notification according to our standard TX Residential lease) and asked for them to check it out. They ignored it for 3 weeks. I finally emailed again. They acted surprised. I asked for them to check it. They emailed back and asked if I had a ladder. I said yes. The landlord came out and looked at it from 7 feet away and said I would say "just unplug it from the security system" because it's probably faulty. He then said I could hire an electrician to come out and fix it on my own. He left. Never really inspected it.

    I called the Tenants Council in Austin. They told me that I could either sue him or terminate the lease. So, I emailed the results of his VERBAL discussion/meeting to the landlord to make sure I had it in writing -- they responded and said "yeah, we've had strange electric stuff in our house - so just monitor it so you can stay safe".
    I took that as written proof they aren't willing to KEEP us safe. I found our family another house. Moved out. Sent them a letter that told them they terminated the lease by violating the property code regarding inspecting smoke detectors as I was told by the Tenants council.

    Was the letter certified? If not, they could say they did not receive one.
    You terminated the lease, not the LL. This is not written proof, if you just typed down what he said verbally. He would have to sign it. Also he did not say he WASN'T going to fix it either..he just warn you to keep an eye on it and monitor it. He could possible say in court that he had every intention of fixing it and told you to monitor if for safety issue till he got someone out to fix it. They could come back and said they had every intention of fixing the problem if they knew about it in writing!!!!



    I told them I would sue them for an additional month's rent if they didn't return our security deposit (as outlined in the tenants rights under Smoke Detector laws) ...
    They are not only withholding the security deposit, but now SUING me for 80k (the remaining rent plus insane late fees) and such -- they said that I did not allow them to inspect the smoke detector "because you said your son was sleeping". It's a total lie. Like I said, I have emails with his wife talking about how I had a ladder and even followed up with the email "summarizing our meeting".

    You showed that the LL had very intentions of fixing the problem.

    Our lease says if I don't allow them on the property at a scheduled time -- that I would have to pay a trip charge. He never did that, of course because I NEVER refused his inspection. I pointed this out to him when I told him I was suing him for this ordeal.

    I now have to get an attorney, of course and I'm scared. How likely is it that this guy can get anything? I have the written trail of proof. He knows it. I know he has a duty to mitigate. The house has been on the market for a month and a half now and he priced the lease 200.00 higher than what we paid! And he has listed it for sale -- above market value.

    Please me know how to proceed. I received the letter of notification on a Friday night and I am so nervous as I wait to contact an attorney on Monday.
    The best bet is seeking the advice of a attorney...it you only owed a month rent, I would say pay and go on...and lesson learn. But you written trail of proof was not done in a certified letter and according to your own words, the LL did try and fix problems in a timely matter. And as for as the smoke detectors, like I said, he could come back and said he had every intention of fixing the problem as you indicated in emails sent back and forth, (ladder, summary of meetings, your son asleep, all shows that the LL was going to try and fix the problem but you just up and left.
    Also you will have a court case against you that could hurt you when you go to rent another place and the future LL does a background check and sees that you had prior LL issues. Good luck and hope the best for you

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