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Do i have a substantially winnable case?
Following a horrendous downpour, i noticed, much to my chagrin, that water was coming in through the roof of my apartment. i immediately filed for a work order to repair the leak, which was answered promptly...or so i thought. they had told me that they called someone to come out and work on the roof of my unit and so i didn't think anything further until another rainstorm bore the same exact results. I filed the same work order for the second time. And then a third time shortly thereafter.
After the fourth attempt to have them repair the cause of the leak(which, by my guess was a crack in the roofing material close to the air conditioning condenser unit which is located just above my closet.), they had replaced sections of the sheetrock that had been damaged due to the water standing in certain spots throughout my bedroom, bathroom and closet area, which looked really good but we got into more rain and, although the water didn't fall directly onto my floor, you could see where the water had been, and started mildewing the sheetrock all the way through it...just like mold on a slice of bread. that is when i had decided that i could no longer live in that apartment. Sad part is, they had suggested that i just relocate to another unit and they would supposedly close my unit down as no longer suitable for renting. This was a moot suggestion seeing as how my lease was due to expire in a couple of months. Before that time, i had assumed i could just wait it out...but it got so bad that i just couldn't stay in that unit any longer out of concern for my health.
I have done a little bit of research into Renter's Rights in Texas, and i do feel as though i am well within my due rights as a tenant who was never behind in his rent or utilities and was not nuisance to the neighbors and am literally apalled by their demands that i shell out over $1500. i would really be willing to pay the remainder of my lease agreement(which only had two months left at the time of my departure), but as far as all the other BS charges...well, they know where they can stick them.
WRG - the fact of the matter is that they suggested this after i had already gave them my notification that i was NOT looking to renew my lease with them. SECOND of all...those other bs charges are the reletting fee(why are they charging me this when they were going to shut down the unit in the first place?), re-carpeting my unit(which wouldn't have had to have been redone if they had've fixed the problem in the first place), replacing 2 blinds(which were in the same exact condition upon my entry into the unit from the start). the fact of the matter still remains that i was more than patient with them, and i was concerned for my health having to live amongst that mold and mildew.
Efran - documented everything from before the work was done(right after the last flooding) down to the day i left. it's all on my cell phone storage card. :-D
Beit known, i'm not looking to score a big cash settlement. i just want them to own up to their responsibility.
Thank you as well, winter...;-)
Trigunmarksman - i am more afraid of this being one long, drawn-out process than me having to pay the full amount they declare i owe. there is also a discrepancy in their paperwork...now, i may be straining at gnats by noticing that the Move-Out Walk-Through sheet is dated on the 30th of November, 2009 when in actuality, i moved out on the 3rd of December. How could they have done a walk-through when i was still considered a tenant? i figure that's also something to consider.
Keep in mind...If a judge finds in favor of them, i'm not gonna throw a fit, but it seems to be an expensive way to know for sure.
6 Answers
- axeLv 61 decade agoFavorite Answer
hope you had the fore sight to take pictures and save documentation,it's a case you can win,with all the health risks associated with mold,you could develope health issues long after wards,as far as the repairs are concerned,be glad you are out,new sheetrock may look pretty but standing water or frequent exposure to water will destroy the integrity of the roof structure,depending on how wide an area and how heavy the ac unit is, it could eventually fall through the ceiling
- trigunmarksmanLv 61 decade ago
Everything you said is not exactly clear to your personal actions. From what I interperted, you broke the lease? That makes it a win for them. In order to compel them to act, after they had failed to fix it the first time, you need to have written another letter. I will e-mail my format, due to the limitations of yahoo answers.
Now if this is going to court due to you breaking the lease, it really is a crap shoot and it could go either way. But, I would stress that they have endangered your health and safety and you acted in good faith by showing your documents. and check out my 3 e-mails explaining what to do if this should ever happen again. (sorry to have broken it up, had a character limitation)
-Edit, this may be long and drawn out. If they take you to JP Court on breaking your lease, you may be stuck. As I said, this may be a crap shoot. You got your proof and they got theirs.
-Edit, let me send you another form to mail to them using certified mail. If they kept your security deposit.
Source(s): Texas Law School - WRGLv 71 decade ago
You broke the lease. They offered to move you to a suitable unit and you refused. Without knowing what the other "BS Charges" are and the terms of the lease it is really hard to help you any more.
- ?Lv 44 years ago
It relies upon. in case you have documented all of this in writing you will have a case. For ex., did you word the state of the place of living in writing once you signed the lease, took the keys? Did you get the owner's supplies in writing? that would desire to be effective. If the placement is as undesirable as you assert, you're able to pay for the upkeep and deduct the cost out of your lease. earlier you do something, you will desire to verify your community telephone e book for a tenants' action team. they are able to in all hazard propose you suitable.
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- Helen W.Lv 71 decade ago
You were given a chance to mitigate your damages by moving to a different unit, yet you chose not to do so. As a result, you are going to have a very hard time in a court of law. They tried to make it right, but you basically wouldn't let them. Sorry, but I don't think you are going to get very far on this one.
Source(s): Lawyer
