Good afternoon. Yes, you have a couple alternatives...which you can pursue on parallel paths.
With regard to the landlord, you do have a right to the peaceful and quiet enjoyment of your rental property and if you give notice to the landlord and the landlord fails to remediate the situation through actions causing the tenant the other to stop the offending behavior, you have the right to terminate your tenancy and/or to pursue your landlord for damages resulting from the deprivation, including room and board until remediated, moving expenses, and a refund of a portion of prior rent due to not receiving the full value of your rental bargain due to the offending behavior. You have these rights under Sec. 92.056 of the Texas Property Code (http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.92.htm).
Plus, you also have a cause of action against the tenant upstairs for private nuisance. Although they may feel as if they have the right to do whatever they please on their property, those rights are limited by the impact they may have on others. You have the right to file a private nuisance cause of action because their actions deprive you of the peaceful and quiet enjoyment of your property which results in the deprivation of the habitability of your property. A private nuisance cause of action will entitle you to both damages for the past deprivation of the full enjoyment of your property and an injunction prohibiting further interference with such enjoyment. If they then violate the injunction, they will be in contempt of court and subject to civil and/or criminal sanctions. In my experience, the mere filing of the suit itself leads to a resolution of the matter without actually having to get to the hearing. It's amazing the chilling impact being served with a summons that one is being sued does to cause them to cease and desist in their offending behavior.
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