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Marc Esq USA
Marc Esq USA, Attorney
Category: Landlord-Tenant
Satisfied Customers: 313
Experience:  Experienced consumer law attorney knows the law and provides customized answers and solutions that you can use.
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Someone just helped me but i can't find the answer. also

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someone just helped me but i can't find the answer. also reset password ***** working so i can't sign on
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: texas
JA: Has anything been filed or reported?
Customer: no hopefully just answered
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes, i'll copy and paste question again i guess since i already paid
JA: When we are ready I'll take you to the appropriate web page.
Customer: Hi, I moved from Seguin, TX to Galveston, TX (4+ hours drive). Club of the Isle, Galveston, Texas staff member Laura told me a 5th floor apt in Building 1 was available. I expressly told Laura that I had several spinal surgeries so the 5th floor would NOT work. She said that it was fine as there was an elevator. Within one week of arrival, the elevator went out and is out for the third time since Aug. 15th, 2016. When it goes out, it is out for 2 or 3 weeks. I have to walk up over 200+ stairs which causes great pain in my back that lasts for days. Grocery buying is non-existent. Nicole, the property manager said to break my lease, I have to pay 60 days and leave in 30 days. That is $1,435 extra to leave plus paying a mover which I just paid $3,000 to move here. What can I do to get out of here and stop the pain? Thanks in advance.
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  russell-cssm replied 7 months ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at***@******.*** and provide us with your email address and a link to this question page so that we can help you. (http://www.justanswer.com/law/9yi84-someone-just-helped-can-t-find-answer.html). Thank you, ***** ***** Customer Support Team.
Customer: replied 7 months ago.
This is a tenant-apartment complex issue, not employment. I trying to find a way to move this property manager without paying thousands of dollars for getting setup (literally) in building one. The elevator problem is not new. Property management has known for a long time.
Expert:  Marc Esq USA replied 7 months ago.
You should not have to pay any penalty, nor should you be required to give 30 days notice because it is the landlord - not you - who is in breach here. Specifically, the landlord is in breach of an implied warranty of habitability. What this means is that, even though your lease agreement may not specifically promise anything regarding the reliability of the elevator, there is an implied - and enforceable - promise that your elevator will be operable. If the elevator breaks down occasionally and is out of service for brief periods of time, that's ok. But in your case, the frequency and duration of elevator problems is ridiculous and unreasonable and it makes the premises uninhabitable for you. If the management disagrees and forces you to pay a penalty, however, there's not much you can do about it. Suing them would probably not be worth it. However, you can make strong complaints to the Better Business Bureau and various State or local agencies, who may be effective in getting you an appropriate remedy. I hope this helps. And I hope your back gets better soon!

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