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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 2171
Experience:  Practicing Attorney with 10 years experience
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We rented a home in the Dallas area. The home was infested

Customer Question

Hi. We rented a home in the Dallas area. The home was infested with rats-14 removed from the attic alone in the week after we moved in. The landlord did set the traps and removed all dead rats and placed bait boxes int he back yard. I would like to see what rights we have to break the lease since he will not get commercial company to come check the house. I have asthma and allergies and am concerned about the heath ramifications. I did let him know my health issues. He did remove the traps in the attic after they went 2 days with none being tripped.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has any paperwork been filed?
Customer: what type of paperwork? All we have is the signed lease. I have communicated with him through text and emails so I have verification of what has been said/done
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just want to see our options. There was also major water damage to laminate flooring by previous tenants and he refuses to replace the warped and damaged floor. I want to check the air quality for mild growth *mold
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Asad Rahman replied 10 months ago.

If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been “constructively evicted;” this means that the landlord, by supplying unlivable housing, has for all practical purposes “evicted” you, so you have no further responsibility for the rent. Texas law (Tex. Prop Code Ann. §§ 92.056, 92.0561) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. Usually that means you have to give them notice to cure. The problem must be truly serious, such as the lack of heat or other essential service.

Expert:  Asad Rahman replied 10 months ago.

Let me know if you have any additional questions otherwise a positive rating is greatly appreciated.