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William B. Esq.
William B. Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 3000
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Ive just started moving into a house. One year lease, started

Resolved Question:

I've just started moving into a house. One year lease, started on the 5th. Everything seemed fine when I inspected the place, but now there seem to be roaches crawling out of everywhere and for the first time in years, I've got asthma. Is it too late to back out of the lease?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  William B. Esq. replied 10 months ago.

William B. Esq. :

Thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

I am sorry to learn of these untenable conditions. Both the infestation and the air conditions are ones of "habitability" and you do have rights regarding both.

Customer:

Hello.

William B. Esq. :

Good evening!

Customer:

I want to give him a chance to fix it, but his wife told me that an exterminator came by regularly. I just don't buy it. Too many roaches. Sooo many.

Customer:

And I found a box of rat traps in a cupboard. That sent me looking around the house and there are holes anywhere. I asked her if there were any problems, and she said there weren't.

Customer:

Sorry. Holes everywhere, not anywhere.

Customer:

It's kinda freaking me out.

William B. Esq. :

The landlord is required to provide you with a safe and habitable home. If the issue is not repaired in a reasonable time (Texas usually considers no more than 5-7 days to be reasonable, but this is an "outside" time) you can cease paying rent, and if the condition continues you may leave the home without penalty.

Customer:

Is there a part of the legal code I can jot down for reference?

William B. Esq. :

Sure, (I am actually trying to pull it for you as we chat), please give me another minute or two.

Customer:

Cool.

William B. Esq. :






















TEXAS



Citation



Texas Stats Property Code, Title 8, §92.052, §92.056



Highlights



The landlord is obligated to repair any defects in the premises caused by normal wear and tear that affect health and safety, or that cause a failure to supply hot water of a temperature of 120 degrees.



Remedy for breach



The tenant may, when the landlord fails to make needed repair after having been given reasonable notice, do any of the following:




Publication



Tenant Rights



William B. Esq. :

Here is an additional publication that may be of assistance as well: http://recenter.tamu.edu/pdf/866.pdf

Customer:

Defects caused by normal wear and tear that affect safety = roaches?

William B. Esq. :

Infestations caused by the conditions of the house that are the responsibility of the landlord (failure to provide proper structural security etc.) are covered, infestation caused by the tenant's conduct (filth etc.) are not.

William B. Esq. :

Your situation - moving into a new lease would clearly be a landlord issue.

Customer:

Ah! Brilliant! If I click extremely satisfied, can I still ask follow up questions if things with the landlord progress badly? :)

William B. Esq. :

Yes, I can answer follow up questions even after rating my service on this thread, and you can ask other questions directed to me by prefacing them with "For William B. Esq. only ..." on any new thread and a moderator will notify me.

Customer:

Awesome. You've taken a whole lot of weight off my shoulders. I thought I'd damned myself for a year with no legal standing. Thank you very much!

William B. Esq. :

You are welcome, I do hope that you are able to get a speedy resolution to this matter.

Customer:

:)

William B. Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 3000
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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