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I am a Veteran and rent an apartment that was found to have…

I am a Veteran...

I am a Veteran and rent an apartment that was found to have mold in it here in Texas. For two weeks, the landlord/persons in the office did nothing to address the issue. I expressed I would try to move out by last Friday, but I didn't commit to that. I am ill and can only work so many hours in a day before I get tired and have to lay down to sleep. During this course of time, I was referred to the Evictions Officer on the complex and there was a yelling match over the phone; asked her to lower her voice as I would and was told she didn't have to stop shouting at me. Today, that person and another manager come to the door of the temporary apartment they forced us into and tell me that if I am not out by 5:30 p.m this evening, they will turn this situation into something ugly and where I don't want it to go. I have tried to call the Justice of the Peace but no contact made. What can I do? Feel like I am being harassed.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

I am El Paso, TX

Lawyer's Assistant: Has any paperwork been filed?

No, not that I know of. I am a HUD/VASH Voucher holder and have had some assistance from my counselor. I feel like I want to file a case against them.

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

This situation has caused stress and angst beyond anything and I am just seeking relief.

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Answered in 1 minute by:
9/25/2017
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,929
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Customer reply replied 9 months ago
Thank you for your response and any assistance you can offer.

You have the right to move out if they did not remove the mold from the premises, which is a breach of lease. You also can sue the landlord for breach of lease and seek damages from them for failure to properly remediate the mold from the premises, thus breaching their warranty of habitability of the premises under your lease.

They CANNOT force you to leave and if they try to do so, again you can sue for unlawful eviction and retaliation. If they threaten you, you could also sue for harassment as well. So the law is on your side here.

At this point, you need to get yourself a local attorney and you need to consider suing for breach of lease and for the threats and harassment and seek damages against them, including costs of moving and any medical injury you suffered from the mold (for which you could also get pain and suffering as well).

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,929
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Law Educator, Esq. and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 9 months ago
I know the information you've shared is correct and I've been hedging, hoping this situation would fester over and disappear. I did not want to bring a strong arm in regarding going to court. But I will do what I have to, to protect my and my child's rights to be in a safe and comfortable dwelling despite the nastiness of the landlord and the personnel who work for them. Thank you very much for your answer.Sincerely, *****

Thank you for your reply.

You need to pursue your legal rights. Do not let these people bully you.

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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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