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I have been living in this apartment for 2 and a half years.

Customer Question

I have been living...

I have been living in this apartment for 2 and a half years. For the majority of the time we have lived here we have had a leak in our bathroom ceiling. Our apartment complex has sent maintenance but has never been able to fix the leak. We have mold growing in and on our ceiling in our bathroom and service requests are going weeks before being answered or they cancel them on their end. We have had maintenance come before and say they would come back tomorrow with the correct tools only never to be seen again. Calls and emails to the front office go unanswered and I often have to call 10+ times in order for anyone to answer the phone. I have mentioned the mold and they have not sent anyone to test it. The last maintenance man who came just wiped it off with a rag and, since then, it has grown back. Our ceiling is still currently leaking and we have moisture damage. Mold is spreading on the ceiling. We are considering legal action and just want to know if it is possible?

Lawyer's Assistant: What state is the apartment located in? And has anyone consulted a local attorney about this?

Texas and No

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

26.1 Written Requests Required. If you or any occupant
needs to send a notice or request—for example, for repairs, installations, services, ownership disclosure, or
security-related matters—it must be written, signed,
and delivered to our designated representative in accordance with our policies (except in case of fire, smoke,
gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, crime in progress, or fair-housing accommodation or modification). Our written notes on
your oral request do not constitute a written request from
you. Our complying with or responding to any oral request
regarding security or any other matter doesn’t waive the
strict requirement for written notices under this Lease.
26.2 Required Notifications. You must promptly notify us in
writing of water leaks, mold, electrical problems, malfunctioning lights, broken or missing locks or latches, and other
conditions that pose a hazard to property, health, or safety.

Lawyer's Assistant: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.

Maintenance has also broken and ruined things in the apartment and have not fixed them. Our ceiling in our bathroom also appears to be cracking and the water is coming through the drywall.

Submitted: 2 years ago.Category: Landlord-Tenant

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Ask Your Own Landlord-Tenant Question

Answered in 11 minutes by:

5/25/2021

Lawyer: Daniel Luneau,

replied 2 years ago

Daniel Luneau

Category: Landlord-Tenant

Satisfied Customers: 8,884

Experience: Trial Attorney at Fife Luneau, P.C.

Verified

Hello, and welcome to JustAnswer. I will be the expert assisting you today. I am sorry to hear about your situation as I know this can be stressful. Hopefully, this matter can be resolved quickly. Have you gotten sick or have property been damaged because of the mold or leak? Is the property habitable?

Customer reply replied 2 years ago

My allergies have been a lot worse since living here. The bathroom is pretty much not usable other than the toilet and shower, but even sometimes water will come through the light fixture above the toilet. The ceiling is cracked and molded and the closet door in there will not shut anymore due to the wood being warped from moisture. Recently the light fixture on the wall has also fallen off because the wall was so moist the the screws came out.

Lawyer: Daniel Luneau,

replied 2 years ago

Thank you for that information. There is currently no federal law covering a landlord's responsibilities when it comes to mold. Also, Texas doesn't have any laws that specifically address a landlord's duties or liability when it comes to mold prevention and remediation.

However, tenants who believe they have been harmed by the presence of high concentrations of mold in their apartment can try to recover damages from their landlord in court to compensate them for their loss. If a judge or jury agrees that the landlord negligently created a mold problem or allowed one to continue at a property, the landlord could be on the hook for any harm. Not to mention, they would have a duty to fix the leak, and they have a duty to provide a habitable unit.

So it is worth meeting with a lawyer to review your evidence and see if a lawsuit is possible.

Do you have any additional concerns or need me to clarify anything?

Customer reply replied 2 years ago

No. Thank you so much!

Lawyer: Daniel Luneau,

replied 2 years ago

You're welcome! Thank you again for trusting JustAnswer with your question.

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