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I'm in a stressful tenant situation with my landlord. Dallas…

Customer Question
I'm in a stressful...

I'm in a stressful tenant situation with my landlord

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

Dallas Texas

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

They have started a major renovation and come and go as they please -- the lease states they must notify me for repairs

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

I extended my lease for one month past my contract and agreed they could show the property as is to keep my rent the same for June. They wanted to secure an outer door and i agreed to that as it's a security issue. Workers showed up and gutted that room and continue to come and go as they please with NO notice to me.

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 7 minutes by:
5/14/2018
Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 14,057
Experience: Just Answer consultant at Self employed
Verified
to be clear you have a month left on the lease and agreed to let prospective tenants see the premises with no notice and now they have unilaterally extended that to workers?
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Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago
Thank you. That would be very disturbing.
While Texas is not as protective as tenant rights as many other states, TX will still uphold a lease that requires advance notice. This is based on common law contract law and both parties are legally bound by the terms of the lease.Of the owner continues to violate the lease (breach) tenant may sue for damages and an injunction precluding further violations. The court may award the tenant legal fees and may allow the tenant to terminate the lease early as well. One can file for an emergency hearing to expedite the hearing.
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Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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Customer reply replied 3 months ago
No they have to notify me to show the home -- sorry about that answer. I gave a verbal that they could show earlier if they did not raise my rent I came home last night from work travel and was locked out of my garage and all my outdoor lights are not working. It's obvious workers were in my house. I'm stressed beyond belief
Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

So to be clear there was a lock out (they changed the locks)?

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Customer reply replied 3 months ago
They showed up today to turn a breaker back on -- they had turned it off from INSIDE my house while I was traveling.
Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

If the tenant is locked out on purpose that is constructive eviction which is illegal.

If it is negligence (by the worker) and it is rectified immediately then generally that is not illegal eviction.

Purposefully cutting off utilities so the tenant cannot reside there is also considered constructive eviction.

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Customer reply replied 3 months ago
I was locked out of my garage for almost 24 hours plus all flood lights and outdoor lights were out. I live alone (single female) and the neighborhood is dark with no street lights. This is the the third time in 20 days I've been unable to pull into my garage -- the other two times were due to debris from the NOT approved construction blocking the garage.
Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

Normally if a person cannot access the amenities but can still access the living area they can petition the court for a reduction in rent to reflect that along with an injunction which precludes further such action.

If the landlord violates the implied warranty of quiet use and enjoyment by affecting the tenant's reasonable ability to enjoy their property the tenant is entitled to damages, including attorney fees, as well as injunctions. Constructive evictions is reserved for extreme cases; please see:

https://assets.recenter.tamu.edu/documents/articles/866.pdf

Page 74

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Customer reply replied 3 months ago
what would it it take for you to send a letter to him with these statements -- he just ignores my questions and thinks a delayed apology is a fix -- having workers in and out of my house without my knowledge or approval is way out of scope.
Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

Unfortunately I am not able to represent people on this site as I am only able to provide information through this forum.

You can contact an attorney here:

http://www.dallasbar.org/lawyerreferralservice

and ask if they charge a flat fee for letter drafting.

I hope this helps and certainly wish you the best on this!

Further questions please post here.

If no further questions kindly rate positively so the site credits me for my time.

The above information is for educational purposes only; if one seeks legal advice please contact the local bar association for a referral to a licensed attorney in your area that is able to review your case in a private, confidential setting and will be able to tailor advise specific to your situation.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: legalgems, Arbitrator replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

Ask Your Own Real Estate Law Question
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