Pay Rent or Quit-3day notice TX

[HouTX]

I received a “THREE-DAY NOTICE TO PAY RENT OR QUIT” from my apt. manager. The cause and intent is stated therein as “Notice to vacate for Nonpayment of Rent”,and “...Because of nonpayment of rent on your dwelling unit, your rights of occupancy and possession are hereby terminated pursuant to your lease”. The letter does not itemize or summarize any specific amounts or details for rental payments they refer to as ‘past due’.
My records prove I have made timely payments for rent in the lease agreement. However, water bills are billed separately, payable to landlord, & master metered. I HAVE A dispute on the calculations/formula used for water. Thus, I have made many documented attempts in good faith to expedite and resolve my complaint/dispute with
the water billings. Since the beginning of my lease, I have communicated to local management & the owner(a corp in tx) as well as the water billing service provider of the fact that I feel I am being
overcharged. And, as provided under TNRCC Section 291.125.BILLING, I excercised my right to
request an audit of the water utility records and resolve my dispute. As of this date, such records have
not been made available to me. In addition, neither local mgmt.or owner have provided me with an investigation and report within 30 days from the date I first notified them (July). I will pay for water billed in accordance with TNRCC’s BILLING RULES.
QUESTION 1: How should I respond to this 3day notice. I received it at 5pm on Friday, and their office is closed sat/sun. and Monday is a holiday. Don't I have 3 business days to respond, and
QUESTION 2: What rights support me in being able to retain my residence.?

Thank you for your IMMEDIATE ASSISTANCE!!!!


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[Tracey]

Respond by saying that you don't owe any back rent. Include xeroxes of your receipts showing timely payments. Your water bills are not rent & are not designeated that way in the lease. What L has probably done is apply your rent payments to your water bills first, so L can say you're behind in rent. Unless the lease specifies that L will do this, it's improper. Demand that L acknowledge your timely rent payment history & withdraw the termination notice in writing. Inform L that you'll sue for retaliatory eviction if L pursues the termination, since you have been using the appropriate legal means to resolve the water bill dispute. This is your right under TX law, & L will end up paying you a lot of money if this goes to court.

Be sure to check the TX Property Code, Chapter 92 for the residential LT act. Make sure L's actions & your actions bring you under the protection of the retaliatory eviction laws. If they don't, you'll have to pay the disputed water bills & continue the audit & sue L for the overpayments. You have until Tuesday to pay L. Tuesday ends at midnight, but you'll need a witness if you're dropping payment through the door at 11:45 pm.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.