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I'm on a month to month lease.I'm with holding rent because…

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I'm on a month to...
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: 2 years ago.Category: Landlord-Tenant
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1/21/2016
Lawyer: LandlordTenantAnswer, Attorney replied 2 years ago
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 31,477
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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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

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Lawyer: LandlordTenantAnswer, Attorney replied 2 years ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Lawyer: LandlordTenantAnswer, Attorney replied 2 years 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!

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