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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33716
Experience:  Attorney for over 15 years, landlord 26 years
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They have found mold in the apartment and expect me to move

Customer Question

They have found mold in the apartment and expect me to move out for 30+ days while it is being taken care of. They expressed to me that I would have to secure my property on the upstairs floor or move out and once the upstairs has passed inspection they may refund my deposit. All this has to be done in 7 days ( the 7th of June). I have no money to move and I have no money that will let me move into a hotel for 30+ days. I am a single mom with 2 sons. I don't know what my rights are in this case. They knew these apartment could flood and did nothing to remedy the problem. It has been raining for weeks now, they could have prepared in some way so this would not happen.
Read more: http://www.justanswer.com/landlord-tenant/942w0-apartment-flooded-hutto-texas-due-street-flooding.html#ixzz3bXFl9Nbf
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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If you are under a fixed term lease, then the landlord has a legal obligation to provide a habitable dwelling to you and if the apt is uninhabitable due to water damage, the landlord has to put you up in a comparable dwelling like a hotel until the property is returned to being habitable.
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So the burden and cost is on the landlord or their insurer to pay for your accomodations because he is the one who is in breach of contract here. If the landlord is refusing to pay for a hotel, then you would need to immediately file suit for breach of contract for the 30 day cost of a local hotel stay for the duration of the work. That can "encourage" the landlord to go ahead and pay the hotel costs rather than being dragged into court to lose.
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thanks
Barrister
Customer: replied 1 year ago.

Is there a Texas code I can resite to this realtor and landlord to get their attention, so I am not forced out with no where to go.

Expert:  barristerinky replied 1 year ago.
Yes, Texas Property Code Ann. §§ 92.056 is the statute that deals with habitability issues and states that the landlord is liable to the tenant if the "condition materially affects the physical health or safety of an ordinary tenant..""
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thanks
Barrrister
Customer: replied 1 year ago.

Thank you very much

Expert:  barristerinky replied 1 year ago.

You are very welcome. Glad to help any time..
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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me...

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thanks much
Barrister