What rights do I have as a tenant?

[In-Yo-Grill]

Some of you may have seen my post about moving to Houston from Dallas. The wife and I spent a weekend in H-town looking at houses, found one we really liked and signed the lease papers.

Fast forward and two weeks prior to our move, hurricane Beryl made a direct hit and the nightmare started. The house we agreed to rent was damaged and got a considerable amount of water in the house. Now the wood laminate floor are buckling, paint is bubbling on the walls and ceiling and the appliances aren't working correctly. The fridge icemaker isn't working, I believe this is not Beryl's fault, and the stove top works but the oven does not. I'm pretty sure that the oven got wet and the electronics were damaged because of the storm. There is the constant wet/moldy smell in that is prevalent in certain parts of the house. Also, the house is severely out of level. So bad that my office desk chair will roll to the corner of the room when I get out of my chair.

When we viewed the house and agreed to lease it, everything as in good condition. Not withstanding the appliances because we didn't test them however, they claimed everything as in perfect working order. Needless to say we've been fighting with them to bring the house back to the condition it was in when we decided to rent.

Do we have a legal leg to stand on? Is there and organization that we can go to that can help expedite the process with the property management company? Moving is stressful enough without this kind of nonsense being added to it.

Anyway, thanks for listening and I hope there's someone out there who can help.

[Artos]

Any landlord who would try to hold someone under that scenario needs to be exposed...can't help, but no way am I moving into a possible safety concern.

Good luck.

[Drycreek3189]

I would be looking into a possible black mold situation that is a health hazard. My daughter works for Service Master and deals with that. I’ll ask her what governor entity is involved.


edit: This is her answer

[Walker]

I know you're in a tight spot but I'd look elsewhere. Any deposits of fees you paid should be refunded to you. You did not break the contract. The owner/agent broke it through no fault of theirs.

[ThisLadyHunts]

First, let me state clearly: I am not a real estate or property management professional.

That said, let me first say that, generally speaking, landlords hold the bulk of the rights in Texas. This is what I've always heard from those who are professionals and it has been my personal observation as well.

Next, a couple of questions:
Have you already moved in to the house?
What is the outcome you hope to achieve? Expeditious repair of the property? Do you want out of the lease?

Finally, I've put together a list of web sites you might find helpful. Some of them will help you understand your rights as a tenant; others tell your where/how to direct a complaint.

I will send them to you via PM.

[BayouCat]

Read your lease carefully. Read it multiple times so you are well-informed with it.

Draft an email with detailed info of all damage to the house. Include pictures, what is/isn't working, etc. Send an email, as well as, a certified letter to the property management company, and professionally demand that they fix the items you need to survive/stay healthy (mold issues). You may just have to live with some of the superficial problems for now, but I would still include the problems with your floor as a safety concern. Keep all communication between you and the property management company in a secure file, and stay on them. If you don't get a response or action after 1 week, let them know you will retain an attorney. A lot of times, that will get the ball rolling without actually having to take legal action; however, if they don't respond, it would not hurt to go talk to a lawyer about this to see if you have any grounds to stand on. A lot of leases have loopholes in them and a good attorney can easily navigate you out of a lease with a friendly letter to the property manager/broker agent for a small fee.

Some places will even start to pucker if you threaten to leave bad reviews on social media sites.

Good luck and keep us posted.

[lanceodom]

Hire an attorney!!

[60 Deluxe]

Well...as a landlord I'll say that the tenant can get away with murder in the state of Texas and the landlord doesn't have a leg to stand on. It can take five or six months to evict a non-paying tenant and that is only if you dot every i and cross every t perfectly. I got into a situation where I left the electricity and water under my name because the tenant was strapped for cash. The intention was for the tenant to switch over both at the next pay check. I called and was assured that the switchover had taken place. A week later I got two bills. I thought that it was the final bills. A month later I got two more bills so I called the tenant again. Again, I was told that they had switched everything over. I called TXU and found that the account was still being charged to me. I told them to cut it off and was told no. A landlord cannot shut off the electricity without the tenant agreeing. Same with water and sewer. So I went over to the house and handed an invoice to the tenant for the bills that I received. She promised payment, then promptly stopped paying rent. Thankfully, it was a six month lease and it was faster for me to not renew the lease than it would have been to start the eviction process. I sent a notice of non-renewal and an order to vacate, both hand delivered and by registered mail. They moved out two weeks late, but at least I got my house back.
My advice to you is to draft a letter listing everything that is wrong with the house and appliances. Do some reading before you draft the letter. Send it by certified mail. https://statutes.capitol.texas.gov/D....92.htm#92.052

[rolylane6]

Withhold rent til it's fixed. As 60 Deluxe said, it takes months to evict. Start looking for another place while they're fixing, or not fixing, this one. If a couple months of no rent hasn't motivated them, move. I'm not an expert in this field so take my advice as such but I have witnessed several instances of tenants not paying for months before being legally evicted.

Also, as others have said, document, document, document!!!

I would also make sure if you end up moving out, to do so willingly before you're legally evicted.

[Slew]

I gladly don’t have a rental anymore! I would think any decent landlord wouldn’t want you in that house for health concerns. I know I wouldn’t. The house no longer represents what you leased. And as said above. Tenants have all the ground sadly. I got lucky that mine moved out on their own accord. Sometimes paying rent. Sometimes not.

[Txhunter3000]

If the house is as bad as you say, have the city health dept come out to inspect. That should put the pressure on the landlord if the health dept finds some parts of the home inhabitable.

[ThisLadyHunts]

Well...as a landlord I'll say that the tenant can get away with murder in the state of Texas and the landlord doesn't have a leg to stand on. It can take five or six months to evict a non-paying tenant and that is only if you dot every i and cross every t perfectly. I got into a situation where I left the electricity and water under my name because the tenant was strapped for cash. The intention was for the tenant to switch over both at the next pay check. I called and was assured that the switchover had taken place. A week later I got two bills. I thought that it was the final bills. A month later I got two more bills so I called the tenant again. Again, I was told that they had switched everything over. I called TXU and found that the account was still being charged to me. I told them to cut it off and was told no. A landlord cannot shut off the electricity without the tenant agreeing. Same with water and sewer. So I went over to the house and handed an invoice to the tenant for the bills that I received. She promised payment, then promptly stopped paying rent. Thankfully, it was a six month lease and it was faster for me to not renew the lease than it would have been to start the eviction process. I sent a notice of non-renewal and an order to vacate, both hand delivered and by registered mail. They moved out two weeks late, but at least I got my house back.
My advice to you is to draft a letter listing everything that is wrong with the house and appliances. Do some reading before you draft the letter. Send it by certified mail. https://statutes.capitol.texas.gov/D....92.htm#92.052

You make a true and accurate point about evictions. Being a landlord is a thankless endeavor.

[ThisLadyHunts]

If the house is as bad as you say, have the city health dept come out to inspect. That should put the pressure on the landlord if the health dept finds some parts of the home inhabitable.

Great idea.

[Quackerbox]

If his chair rolls into the center of a room by itself, I'd say he's moved in

[ThisLadyHunts]

If his chair rolls into the center of a room by itself, I'd say he's moved in

BAAH Ha hahahah...! I guess I missed that one!