How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 100053
Experience:  Attorney
7286322
Type Your Landlord-Tenant Question Here...
Ely is online now
A new question is answered every 9 seconds

We gave a tenant that has recently moved in to a single

Customer Question

Good morning
We gave a tenant that has recently moved in to a single family home and is calling everyday complaining about something or wanting something repaired.. we have responded quickly to his requests and on most issues a professional was asked to go address the problem and when the report came back there was no issue to be corrected.
Is there anything that can be done for false claims and or what may be considered harassment by the tenant to our property Manager.
Thank you
Tim
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  Ely replied 3 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me what state this is in.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 3 months ago.
Texas
Expert:  Ely replied 3 months ago.

Thank you.

As you may know, a landlord in Texas has a warranty of habitability to the tenant under Tex. Prop. Code. §92.052 et seq,, which requires the landlord to make a diligent effort to repair or remedy a condition materially affects the physical health or safety of the tenant.

However, if the tenant's complaints are frivolous, the landlord (or their management company acting as the landlord's agent) can reject/ignore the complaints.

But, unless the tenant's complaints can be defined as stalking (see HERE), then the management cannot get a restraining order or otherwise sue for relief. (There is also applicable rules about harassing or threatening the victim which apply to this too, but I am guessing that the tenant's behavior would not fall under this, either.)

As such, this is simply a bad tenant - an obnoxious tenant. But unless their complaints harbor ill will and are menacing, the best the management company can do is say "no" and hang up.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Related Landlord-Tenant Questions