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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53715
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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While renting with my apartment company, I have been using a

Customer Question

While renting with my apartment company, I have been using a faulty a/c unit that has drastically affected my electric bill since September 2015. Multiple times the maintenance team has come into my home and proclaimed they fixed my unit but the bills would persist. I was just notified by a new manager of the maintenance team that a part that I was told was fixed back in September is still broken in June. I have paid dominion up to now, and I feel that I need to be compensated by my apartment company for expenses they never fixed, unknowingly to me, and that I was charged for. There are hundreds of dollars that are involved here, and I need to be reimbursed. Is this something that I could take up in court?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Richard replied 4 months ago.

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Expert:  Richard replied 4 months ago.

Yes, absolutely, you should file a suit against the landlord. You have suffered damages due to either their negligence, gross negligence, and/or intentional bad faith. So, raise the stakes on them. Send them a certified, return receipt requested letter detailing the history and demand they reimburse you in full for the costs you have incurred due to their failure to resolve the problem competently. Inform them that if they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that if forced to file a suit, you will be filing this claim based on gross negligence, and intentional bad faith, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Filing the suit will give you the collection options and leverage you need to collect the debt owed you. That's because once the suit is filed and a judgment awarded, you become a judgment creditor, and if the judgment isn't paid, you can have the sheriff serve a summons on the losing party(ies) for a debtor examination. That forces them to meet you in court again and answer questions under oath about their assets. After that information is obtained, you have the power to attach bank accounts, have the sheriff seize other personal property, and/or place liens on any real property they own to satisfy the judgment.

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