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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100009
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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How do I get my landlord to remove or even admit to mold and

Customer Question

how do I get my landlord to remove or even admit to mold and fungus in my duplex
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about this situation. Texas law demands that the landlord repair any condition that affects a tenant’s health and safety. Under Texas Property Code §92.052 et seq, a landlord is required to make a diligent effort to repair or remedy a condition materially affects the physical health or safety of the tenant. So this may include this fungus.
If the landlord does not fix the problems after being notified by the tenant in writing and given reasonable time to do so, the tenant has the right to:
-terminate the lease, or
-have the condition remedied and deduct from the rent, or
-sue for damages and injunction to do repairs not exceeding $10,000 in the Justice of the Peace Court.
If one wishes to terminate the lease once the landlord passes the reasonable date given to fix the issues that were outlined in a written letter to them, one can simply MOVE OUT and given landlord notice of doing so.
The landlord MAY decide to try to keep the deposit, arguing that the move out was not lawful and the problems in the unit were not major enough to cause a move out, or did not exist at all.
This is where taking photos/video of the issues prior to moving out comes in handy. If the landlord tries to keep the deposit, the tenant then would have to go to Justice of the Peace and to get the deposit back in judgment, show that:
1) the problems were severe enough to warrant the breach of the lease;
2) the landlord was notified in writing about them; and
3) the landlord did not fix the them after reasonable time given to do so.
Alternatively of course, one can sue for rent reduction, or, for general relief.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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