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I am a tenant in texas and my neighbor recently started

Customer Question
Hi I am a...

Hi I am a tenant in texas and my neighbor recently started smoking in the house. It is affecting my health and I have trouble breathing. Does this violate Tex. Prop Code Ann. § § 92.056.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Yeah it is in Dallas TX

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

My heat was out for 48 hours last week and I've had minor repairs that took up to three weeks. The lease does have a non smoking clause but the lease may vary for different tenants

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I've written some correspondence to the tenant notifying them that I intend to vacate if the issue is not resolved. It has been 13 days, they offered to move me to another unit but refuse to pay for the movers.

Submitted: 7 months ago.Category: Landlord-Tenant
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Customer reply replied 7 months ago
I sent this to the apartment manager:
Guinn SacraMigneault Property Management
*****Rockwall, TX 75087To Guinn Sacra,I notified you of the odor coming from my vents and the adverse effects on 12/5/2017, and I have followed up with additional written and oral notifications about this hazardous situation. The effects of the odor again are nausea, headaches, and physical discomfort. I've had a headache in the past two weeks the odor was present. The odor also wakes me up at night, and I've had difficulty breathing while it's present. I've had to keep my windows open at night, I purchased a air purifier and my fans are always running. Thankfully you were able to confirm the smell today. I also have Officer Yvette Cotton's report that states she smelled the odor. and it made her feel sick. I've forwarded you the report number twice.The effects of this odor materially affect my health, and the apartment is not habitable while the smell persists. This poses a health and safety hazard it has been nine days, without a solution. I am requesting you take action to resolve this issue within 48 hours or less. Failure to comply within this time will result in the termination of our lease agreement and or legal action under Tex. Prop Code Ann. § § 92.056.Please reply to acknowledge you've received this notification.
Answered in 6 minutes by:
12/18/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 14,086
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Residential leases and rental agreements contain an implied covenant of quiet enjoyment (L-M-S Inc. v. Blackwell, 149 Tex. 348, 233 S.W.2d 286, 289 (1950); HTM Rests., Inc. v. Goldman, Sachs & Co., 797 S.W.2d 326, 328 (Tex.App.-Houston [14th Dist.] 1990, writ den.)

Under the implied covenant of quiet enjoyment, it states that the landlord will not take any action or make any omission which disturbs a tenant’s right to possession and quiet enjoyment of the premises. The warranty does not protect the tenant from the acts of third parties over whom the landlord has no control. However, if the landlord does have control over the situation, but chooses to do nothing, then it is a violation. In this case, it is probable that they have the ability to control this by instituting a no smoking ban against the tenants.

Did you have any other questions for me at all?

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