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Man complained continuously about cockroach infestation at

apartment complex. Management had his...
Man complained continuously about cockroach infestation at apartment complex. Management had his apt sprayed but did not seem to help. Management blamed problem on former neighbor (moved away). Now man was notified of eviction action! Never missed rent payment is this fair?
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Answered in 2 minutes by:
11/17/2017
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 39,091
Experience: Attorney over 17 years, landlord 26 years
Verified

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 type out an answer or reply.

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1. What state is this in?

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2. What is the basis for the eviction?

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3. Is the tenant under a written fixed term lease or are they month to month?

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4. Is the rent current?

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5. What type of written notice was given?

.

.

thanks

Barrister

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 month ago
I'm sorry, man received a verbal warning that if comes to office one more time to complain about infestation he will be evicted. Tenant has 4 months left on his lease. Can he legally withhold the rent?

Ok, a verbal notice means nothing legally..

.

What state is this in because each state has different rules about rent withholding?

Ask Your Own Landlord-Tenant Question
Customer reply replied 27 days ago
Texas

Ok, TX doesn't have rent withholding laws on the books, but they do have "repair and deduct" laws that would allow a tenant to use rent money to pay for fixing problems once they give the landlord proper notice in writing and the landlord fails to fix things.

.

So you need to give the landlord a 7 day written notice sent certified mail stating that you are requesting that they have exterminators out or you will exercise your rights under Tex. Prop Code Ann. § § 92.0561 to have the property treated and deduct it from the rent.

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I would also suggest you call the local Code Enforcement office and have them out to inspect as they can cite the owner and force them to take care of any infestation and fix any other problems or face penalties for not doing so.

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.

thanks

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 39,091
Experience: Attorney over 17 years, landlord 26 years
Verified
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barristerinky
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 39,091
39,091 Satisfied Customers
Experience: Attorney over 17 years, landlord 26 years

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