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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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I am in Spring Texas and I'm running from a management company

Customer Question

I am in Spring Texas and I'm running from a management company and my lease will be up in February of 2016. my problem is so many I can't even come complain about just one.there have been several different occasions where the AC goes out things are wrong the gas isn't working the heater broke on and on.because they have a tenant portal it typically takes about a week and a half to two weeks for anything to be done and I have to exhaust every one of myavailable resources before anything gets done and there has been no reimbursement.last month the AC was broken for over a week in the burning hot weather and my AC bill this month is over $400 which I cannot afford with rent coming up in a couple days. they seem to think that I'm responsible for all of it even though nobody showed up several times when they were supposed to on their behalf to fix this problem. I'm not sure what to do being that I cannot afford the rent and the 400 something dollar electric bill when we couldn't even stay here for more than 4 days because it was so hot and I've got two small children. I recently voiced my concern about the safety of this neighborhood because it has become more and more unsafe on a daily basis. Nobody has responded and nobody seems to care. I've had to call the cops several times in the past few weeks for safety reasons my car got broken into there was a fire lit behind my fence two nights ago and I'm done. I'm not sure what to do other than just pick up and leave without paying because I'm not having it anymore safety is a big issue and the fact that I can't afford to pay because of their mistakes and issues with management I don't see another way. they are very difficult that's why I'm asking legal advice. I'm a single mother with two small children who cannot afford to get into a legal battle when the law is going to be on the management companies side. I've also read the entire handbook for Texas landlord and tenants and there were a few things that stood out like knowing who the owners are and having some contact or way to be in touch with them if it was needed and I requested that in writing on their tenant portal more than one time with no response whatsoever. there have been several issues concerning safety and no response I know that was something I read also.please tell me what my options are at this point and if I am entitled to just leave being that the owner probably has no idea that the management company has been doing this to their tenants yet I have no way to get in touch with the owner.thank you again!
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
I suspect that I may have a legitimate option for you to consider. First of all, generally packing up and leaving won't work because you'd have to prove you were 'constructively evicted' or premises were 'uninhabitable'---otherwise even if you leave your obligation to pay rent for the remaining period remains until your lease ends or they relet your property to someone else, whichever is earlier.
What you CAN do, however, is open an escrow account, place the funds for rent there (so that you cannot be accused of simple non-payment), and go to the local courthouse, file there for 'breach of duty' against the landlord, and seek both an order for repairs and reimbursement, and punitive damages--that will most definitely get the owner involved because he would be the party to the suit. You DO NOT need an attorney, you can file this on your own, and you can seek up to 3 times the monthly rent as damages as part of your suit against them.
Dimitry, Esq.

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