Texas landlord tenant law

Answered December 02, 2008 09:08. I am afraid I disagree with the tone of the advice of the moderator. The landlord agreed to provide you the premises -- peaceable enjoyment of the premises (implied in every lease agreement in Texas), and you agreed to pay rent. The landlord is not cutting the price, but is merely telling you to put up with the problem. A landlord cannot make everything better overnight, but it should use reasonable efforts to effect repairs to avoid your incovenience. Sounds like the landlord does not mind annoying you so as to make the upstairs tenants happy. How about switching apartments for awhile? I would not focus your energy on the upstairs tenants mind you -- it is the landlord's responsibility. Texas has statutes that address repair issues (found in Chapter 92 of the Texas Property Code), but these are for conditions that materially affect the health and safety of an ordinary tenant. You could argue that your lack of sleep makes this condition actionable under the statute but it might be a stretch. If the ceiling is falling in or unsafe then you may have something. Otherwise review your lease, and note that even if it is not expressly stated, a landlord warrants that a tenant have peaceable enjoyment of the premises. Of course it is easier to wait this problem out, but it certainly does not sound fair. The landlord should consider a reduction in the rent, and a justice court judge or jury might agree to give you just that (make sure you video the problem with sound) and document the times of day it is a problem to show the extent of the problem. (Don't withhold rent without a written agreement.) This is general advice only. I am not your attorney, and I don't intend this to be legal advice. If you want legal advice, consult with an attorney directly.