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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36991
Experience:  Texas Attorney for 30 years dealing in real estate
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I am renting a self storage unit in Texas. On Nov 17, I went

Customer Question

Hi, I am renting a self storage unit in Texas. On Nov 17, I went into the office and expressed my concern about another tenant storing gasoline in the unit next to mine, I told them I could smell gas, the was concerned for my safety as well as the items I was storing. I also called the fire department and told them the same thing. The next day Nov 18, they mailed me a 15 day notice to vacate, as well as taped one to the door of my unit. I did not receive the notice until Dec 1, as I was out of town. Today they filled evection with the JP. Do I have any recourse as my eviction is obviously retaliation. PS I do not wish to stay, I just need a couple of weeks to remove my things, because the unit is very large. (1500 square feet)
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Ray replied 12 months ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

You can file an answer here and try to delay the eviction.You may be able to agree to a date to leave here by agreement with the other side.

Free forms and self help here.

http://texastenant.org/pdf_files/1024_Answer_Defendent_Evic.pdf

You can go to hearing here and raise improper notice and also seek a delay to remove your stuff.See if they will give you a couple of weeks to do so.

Make sure you file answer real quick prior to hearing.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Customer: replied 12 months ago.
My question did not get answered. Is there a laws against eviction for retaliation for my complaint. I know that they can not do this if it was a residential, I was try to figure out does the same rule apply to self storage.
Expert:  Ray replied 12 months ago.

Thanks for your patience.It would apply here.

TEX PR. CODE ANN. § 92.331 : Texas Statutes - Section 92.331: RETALIATION

(a) A landlord may not retaliate against a tenant by taking an action described by Subsection (b) because the tenant:

(1) in good faith exercises or attempts to exercise against a landlord a right or remedy granted to the tenant by lease, municipal ordinance, or federal or state statute;

(2) gives a landlord a notice to repair or exercise a remedy under this chapter; or

(3) complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency, and the tenant:

(A) claims a building or housing code violation or utility problem; and

(B) believes in good faith that the complaint is valid and that the violation or problem occurred.

(b) A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by:

(1) filing an eviction proceeding, except for the grounds stated by Section 92.332;

(2) depriving the tenant of the use of the premises, except for reasons authorized by law;

(3) decreasing services to the tenant;

(4) increasing the tenant's rent or terminating the tenant's lease; or

(5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease.

Expert:  Ray replied 12 months ago.

Here are the other rules for storage units.

http://www.txssa.org/resources/legal-resources/chapter-59-property-code

I think you have great facts to contest this if you have been on time and this is pure retaliation.

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