We are currently renting a house (10 months), have never been late on rent, requested repairs to the house, they have not made requested repairs (property managers kept telling us the owner did not have the money), we have made repairs with our own money, paid to have a deteriorating structure removed due to the danger risk to our children. Now the owner is planning on selling the house, making repairs without the consideration of our current occupancy and the latest was the owner made arrangements for roofing repair, did not notify us of time the workers would be on site and the workers arrived at 6:45 am put a ladder over the master bathroom window and viewed in as I was getting out of the shower. What are my rights? I feel completely violated and do not feel safe in my own home. Please help.
Country relating to Question: United States
State (if USA): Texas
I have not taken any action on todays event, with exception of notifying property manager of what happened.
The property managers have a standard process for requesting repairs that we routinely completed throughout the 10 months of occupancy.
Good morning. With every rental comes the Implied Warranty of habitability,which includes the tenant's right to the safe, healthy, peaceful and quietenjoyment of the rented premises. Given your myriad of ongoing and continuing issues, a tenant wouldclearly not be afforded such enjoyment of the premises....and therefore thelandlord would be in breach of the implied warranty of habitability. This putsthe landlord in default. Thus, although the tenant has the right to terminatethe lease due to the breach, the tenant is not required to do so. Rather, thetenant can file a claim against the landlord for damages due to this breach.Damages would include reimbursement of a portion of all prior rent to date tocompensate for the reduced value of the rental property due to the problems,and to either reduce the rent going forward or pay the tenant for temporaryliving expenses, at the tenant's option, until the problem is fully remediated.
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Would I have recourse regarding today's violation of privacy?
Unless there is an emergency, although they have a right to make repairs, they must provide you advance notice and then come only during normal hours...and 6:45 AM is not a normal hour. Plus, repairs that a tenant requests and repairs the landlord decides to make in order to sell are entirely different. Unless there is an emergency or a needed repair that would result in an emergency if not repaired, the landlord can not unilaterally start fixing up the house without violating the warranty of habitability.
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