Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.
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.
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.
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.
Sorry. Holes everywhere, not anywhere.
It's kinda freaking me out.
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.
Is there a part of the legal code I can jot down for reference?
Sure, (I am actually trying to pull it for you as we chat), please give me another minute or two.
Texas Stats Property Code, Title 8, §92.052, §92.056
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:
Here is an additional publication that may be of assistance as well: http://recenter.tamu.edu/pdf/866.pdf
Defects caused by normal wear and tear that affect safety = roaches?
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.
Your situation - moving into a new lease would clearly be a landlord issue.
Ah! Brilliant! If I click extremely satisfied, can I still ask follow up questions if things with the landlord progress badly? :)
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.
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!
You are welcome, I do hope that you are able to get a speedy resolution to this matter.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).