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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28346
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I am a tenant in a duplex in Texas. Moved in on July 24th.

Customer Question

Hi, I am a tenant in a duplex in Texas. Moved in on July 24th. The duplex is a new build (rebuilt after a tornado) and I have had issue after issue with the house. Nothing life threating, etc. but its been a huge hassle to deal with. Not to mention my time. What are my rights as far as moving out without penalty?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: please see above
JA: Has any paperwork been filed?
Customer: like a lease?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I would like to get out of this place without penalty and try to recoup some of my moving expenses
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 month ago.
Good afternoon. I am sorry to hear about this. What are the issues? Has the landlord fixed/remedied them?
Customer: replied 1 month ago.
It has been multiple things from the AC to plumbing. He originally tried fixing them himself and that didn't do the trick so then he hired someone. After 3 plumbers we finally have the plumbing corrected. Now he cant get a clear check from city of Rowlett the building inspectors. The inspector has been out here 2 times and the property still have items that are red tagged. I have to be home for all of these appointments. It has been over a month now and I don't understand why I have to be the one dealing with the issues at hand.
Customer: replied 1 month ago.
At what point do the repairs need to be complete? Do I have to deal with this until he can get it right? I have text messages with all the issues that I have experienced from day 1.
Expert:  RealEstateAnswer replied 1 month ago.
Thank you for the reply. The landlord has a legal obligation to make these repairs. If he is unable to do so and it interferes with the use and enjoyment of the rental, he could be in breach if you can provide him with a notice to cure and this is not remedied. You should not have to continue to remain home and if he access to the rental, should appear and accompany whoever is performing the work. If he refuses and this continues and you do not have the use and enjoyment of the rental , you could have a basis to vacate and sue for damages suffered. Repairs need to be done within a reasonable amount of time. If they does not happen it would also support your basis of vacating and if these were present from the start and the rental was not move in ready that could be another issues as well
Customer: replied 1 month ago.
What do you suggest my next step be? Is a "reasonable amount of time" 30 days 60 days? what would you recommend?
Expert:  RealEstateAnswer replied 1 month ago.
It truly depends on what is being done and if it is in control of the landlord. If he is waiting on the city and has done what is required of him, it would hard to say at this time he is failing to remedy this in a proper manner.
Expert:  RealEstateAnswer replied 1 month ago.
You can write him a demand letter. In it, you can address the delay and if he has any updates from the city and place the burden on him to call and contact them so they can come out for the inspection.
Customer: replied 1 month ago.
If I pay the $59 to talk how much time do I get with you?
Expert:  RealEstateAnswer replied 1 month ago.
The fee is on top of the other cost of the site. There is no set time and the expert should speak with you until your follow up questions are all answered.
Customer: replied 1 month ago.
the fees on top of the fees on the site meaning the monthly fees?
Expert:  RealEstateAnswer replied 1 month ago.
Customer service can assist if you have a membership. They have access to that information.