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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36585
Experience:  16 years real estate, Realtor. Landlord 26 years
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I hope you can. I am a tenant in a rental unit in Dallas.

Customer Question

I hope you can. I am a tenant in a rental unit in Dallas. The floors have been leaking water for a month. I have informed the landlord but he has not moved to repair.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Dallas tx
JA: Has any paperwork been filed?
Customer: Also there is a clause in the lease about electric appliances. However the city code has specific language concerning the landlords responsibility. Is it possible to have a clause in conflict with the code!
JA: Anything else you want the lawyer to know before I connect you?
Customer: Only in text message which is the only way he communicates
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Barrister replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Is it possible to have a clause in conflict with the code!

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No, the Code trumps the contract and the landlord can't abdicate his liability under Code to make repairs. So any Code Enforcement inspector can cite the owner if there are violations and hold him accountable.

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As for the water, if this is affecting the habitability of the property, and if mold is growing it likely is, you again can call Code and have them out to inspect and cite the owner. If the place is uninhabitable, then you can stay in a hotel at the owner's expense until he makes repairs. If he won't pay, you can sue him in small claims court for any damages you have sustained and moving costs if you terminate the lease due to his failure to repair.

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thanks

Barrister

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