How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53973
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
17027240
Type Your Real Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

In Texas law there is a quiet enjoyment which other tenant

Customer Question

In Texas law there is a quiet enjoyment which other tenant should not disturb other tenants but apparently the tenant above me allows their child to run a muck back and forth with heavy pounding back and forth on the floor disturbing us. Do we have any rights? We have complained but nothing gets done. need advise
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon. Yes, you have a couple alternatives...which you can pursue on parallel paths.

With regard to the landlord, you do have a right to the peaceful and quiet enjoyment of your rental property and if you give notice to the landlord and the landlord fails to remediate the situation through actions causing the tenant the other to stop the offending behavior, you have the right to terminate your tenancy and/or to pursue your landlord for damages resulting from the deprivation, including room and board until remediated, moving expenses, and a refund of a portion of prior rent due to not receiving the full value of your rental bargain due to the offending behavior. You have these rights under Sec. 92.056 of the Texas Property Code (http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm).

Plus, you also have a cause of action against the tenant upstairs for private nuisance. Although they may feel as if they have the right to do whatever they please on their property, those rights are limited by the impact they may have on others. You have the right to file a private nuisance cause of action because their actions deprive you of the peaceful and quiet enjoyment of your property which results in the deprivation of the habitability of your property. A private nuisance cause of action will entitle you to both damages for the past deprivation of the full enjoyment of your property and an injunction prohibiting further interference with such enjoyment. If they then violate the injunction, they will be in contempt of court and subject to civil and/or criminal sanctions. In my experience, the mere filing of the suit itself leads to a resolution of the matter without actually having to get to the hearing. It's amazing the chilling impact being served with a summons that one is being sued does to cause them to cease and desist in their offending behavior.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!

Related Real Estate Law Questions