I moved in my apartment about 3 weeks ago and i have had many issues with my toilet backing up, we haven't been able to bath do to issues with the bathtub being stopped up and the handles are tore up. I was told that it will all be fixed the next day but it have been 3 weeks and when i called the landlord they told me i had to do a work order in order for his workers to come out so i went in and did that and they still have not came out to fix these issues. I have had baby roaches and ants coming out every other day. Im really fed up with these problems and ready to move. I signed a one year lease but i was told to come back and pick it up after i get settled because they didn't want me to lose it in the process of moving. Can somebody please give me some good advice?
Generally, if you notify the landlord by certified mail, return receipt requested, about an issue in the rental property that is a threat to your health or safety, the landlord has a week from when they receive your letter (or notice of your letter) to fix the problem. If the landlord does not fix the problem, you may have the right to terminate your lease, sue the landlord for $500 plus one month's rent (plus actual damages, court costs and attorney's fees), and/or obtain a court order requiring the landlord to fix the problem. If the landlord knew there were problems before you moved in, you may also have claims for fraud and violations of the Texas Deceptive Trade Practices Act. You may want to consult with an attorney to determine if you have taken all the steps necessary to legally terminate your lease. Throughout this process, you should make sure you are current on your rent and continue to pay your rent on time until you move out of the unit, or else your landlord may have the right to evict you, regardless of the repair issues.
Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.
Tenant rights vary by state, but in general, you have the right to safe and habitable housing, privacy, and to not be discriminated against, among other things.
Written by attorney Edward Joel Lake
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