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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 25358
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I'm on a month to month lease.I'm with holding rent because

Customer Question

I'm on a month to month lease.I'm with holding rent because there are numerous code violations at this property including lead based paint and asbestos.My landlord has sent a notice demanding rent and acrued late fees be paid immediately or vacate premises within 3 days(notice to vacate).I understand this is a precursor for eviction.We have been here 3yrs.We are going 2 move eventually but I would like it to be on my terms and not his.What are my options at the eviction hearing?On top of that my landlord is(you guessed it!!!!) a LAWYER!!!!!! Can he lose his licensce if he is found to have acted in bad faith???
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern. You would have to appear at the hearing and you would need to raise any legal defenses which you may have, to show and support why the rent with withheld. If the basis is as a result of the code violations, you would need to show the Judge that 1) you advised the landlord of these and he failed to correct them 2) they are effecting the habitability of the home and 3) that you followed all procedures to withhold rent. Now, if he acts in bad faith, the Judge could award you damages, for any harm which this caused but the State of Texas is not going to take his license

Expert:  RealEstateAnswer replied 1 year ago.

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Expert:  RealEstateAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!