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Condo still damaged 9 months after Ike

Houston, TX |

I live in a condo in which 90% of the complex was damaged by hurricane ike. There is severe roof damage and 90% of the units in the complex lost 1 or more walls. The majority of us are all living with tarp that covers the holes in the walls.

In the last few weeks, heavy rains have compromised the roof even more, and now it is to the point that each moderate to heavy rain brings water into most of our units. The roaches are out of control and I anticipate this getting worse with the aproaching heat.

We are now going into another hurricane season, and there will be more heavy rains. The management company has done nothing to make repairs from either Ike or the storm damage from a few weeks ago.

Mgmt. have said that they are still hashing it out with the insurance company. While this may very well be true, we are all still making our rent payments, and some of the residents are making mortgage payments because they own their units. At this point, I am praying that God will spare us another hurricane or tropical storm this year, because the complex will not be able to handle it. If my lease was up any time soon, I would head for the hills, but I still have many months to go. Who can we complain to? Is there any recourse. I feel that we are all at risk for many issues, including mold from the continued water in our homes, pests and the impending damage to our of our personal property if we should have a heavy storm or hurricane. While I do have renters insurance, I would not like for the management to rely on the insurance of others while they bypass their own responsibility to us as residents

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Attorney answers 1


First you must look at your lease to see what recourse you have for Landlord default.
The casualty clause is what covers if there is an accident or damage caused not due to your actions.
Therein a time period should be alloted for when the damage must be estimated, repair work commenced, and all repairs complete. You must also list in writing your demands for repair and the itemized list of all malfunctions, and areas of concern or unhabitability (water, mold, leaking, pests, structural issues, etc.). Address this to landlord and owner according to the notice provisions in the lease. If progress has not commenced or is being delayed you must request a timeline for when it would be completed and then decide if you should litigate with the owner by moving out and breaking your lease. Consult a Texas real estate attorney to give you good advice.