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I am a tenant in a duplex in Texas. Moved in on July 24th.

Customer Question
Hi, I am a...

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?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Please see above

Lawyer's Assistant: Has any paperwork been filed?

Like a lease?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I would like to get out of this place without penalty and try to recoup some of my moving expenses

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/6/2017
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 11 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,824
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Good afternoon. I am sorry to hear about this. What are the issues? Has the landlord fixed/remedied them?
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Customer reply replied 11 months 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 reply replied 11 months 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.
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 11 months 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
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Customer reply replied 11 months ago
What do you suggest my next step be? Is a "reasonable amount of time" 30 days 60 days? what would you recommend?
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 11 months 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.
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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 11 months 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.
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Customer reply replied 11 months ago
If I pay the $59 to talk how much time do I get with you?
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 11 months 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.
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Customer reply replied 11 months ago
the fees on top of the fees on the site meaning the monthly fees?
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 11 months ago
Customer service can assist if you have a membership. They have access to that information.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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