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Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 33503
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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We have lived in this apartment for 8 months--STILL dealing

Customer Question

We have lived in this apartment for 8 months--STILL dealing with roaches. They spray our apartment EVERY Monday STILL roaches. Can't invite anyone over. My family coming in 1 1/2 weeks, told management my family better not see roaches. At our wits end--affecting our health. Any suggestions??? Thank you, Tonya
JA: What state are you in? It matters because laws vary by location.
Customer: Garland, Texas
JA: Has anything been filed or reported?
Customer: Reported to Adara Communities, city of Garland, AG Ken Paxton and the BBB.
JA: Anything else you want the lawyer to know before I connect you?
Customer: How long does it take to kill roaches. What rights do we have? Thank you.
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  Loren replied 2 months ago.

I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

Expert:  Loren replied 2 months ago.

Every tenancy carries with it the implied warranty of habitability and the right to quiet enjoyment of the premises in exchange for the rent.

If the landlord is refusing or is unable to make necessary repairs and it is interfering with the safe use and habitability of the leased premises then you can sue for breach. In the course of the suit you may be able to leverage an early termination with the return of all deposits.

A riskier way is to move out now and declare the lease terminated due to "constructive eviction". In other words, the action or inaction of the landlord has made the premises unhabitable and you are forced to move out.

You still have to sue and the risk is that the court finds the premises WAS habitable and you end up being liable for breach.

Make sure you have a written record of the damages and your requests for repairs.

Customer: replied 2 months ago.
I have 11+ pages of roach and other problems. They gave us a eviction yesterday saying we had to be out tonight at 12 midnight today 6/15/2016. can they legally lock us out at 12am. we have started packing and looking for apartment tomarrow.
Expert:  Loren replied 2 months ago.

They may not legally lock you out or evict you without a court order. If they do, you can call a locksmith and the police to let you back in. Additionally, you can add counts for unlawful eviction and breach of the warranty of quiet enjoyment to your lawsuit.

Expert:  Loren replied 2 months ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 2 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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