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Maverick
Maverick, Attorney
Category: Landlord-Tenant
Satisfied Customers: 6385
Experience:  20 years experience as a civil trial and appellate lawyer
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My granddaughter has been refusing to get the heat repaired

Customer Question

My granddaughter has been refusing to get the heat repaired on my side of the apartment . Originally started because she is in violation of the lease. Because she has pets which are exclude form it. Now, she left me a note that it will not be repaired because I smoke in it. Proceeded to enter into my room and spray air freshener throughout. Within five feet of me. I am asthmatic. Can I do anything to stop her?
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 4 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Is this an apartment that you're renting/subletting from your granddaughter? Or are you both on the lease? If you're renting it together, have you spoken with the owner?

What state are you in?

Customer: replied 4 months ago.
I have not spoken to the owner. Because they will not tell me who he is. No, I am not on the lease. Received a letter of residency.
Customer: replied 4 months ago.
Sorry, I reside in Texas.
Expert:  Lucy, Esq. replied 4 months ago.

Thank you.

I apologize, but you've got me just before I need to sign out for the evening. I'm going to opt out and open this question up to the other experts. Good luck with everything.

Expert:  Maverick replied 4 months ago.

What does your letter of residency state and who signed it?

Customer: replied 4 months ago.
My daughter signed the letter. States that I reside at the address. Followed with copy of her voter registration and I'd.
Expert:  Maverick replied 4 months ago.

Who do you pay rent to and how often? Is there an oral or written agreement for that?

Customer: replied 4 months ago.
My daughter received money from my mother, to hold for me until I arrived here. Holds it in an account to which I have no access. She told me she would pay the rent. I have no knowledge of how much or any other details. She refuses to provide me with any information.
Expert:  Maverick replied 4 months ago.

It appear to me that you do not have a lease agreement with the LL to live there and it is unclear whether the LL knows that you are living there. So, if your granddaughter is the named tenant on the lease, you are there as her guest. She may be in breach of a contract with your mother but until that is proven in court you are subject to being evicted either by her or the LL. She may not want to complain about the heat to the LL because she did not get the LL's permission for you to be a tenant there with her.

I know this is not the answer you wanted to hear, but I am assuming that you are paying for a professional and honest answer.

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