sugarbunnies
New member
What is the name of your state? Texas.
Hello, I've been living in XXX Place from 2011 and I have been fortunate to not have as many problems as I do now.
The previous management was cordial and worked with me and the other residents in resolving complaints and disputes. There was a change in management at the end of July the 31st, 2019. New residents had also arrived here in this shared living space of 4 bedrooms with a common area as well as of September 1, 2019. These new residents came in fighting to the new management that our apartment was in poor conditions. I had been transferred from a different building to this new space. I had told the new residents and the new management that I had contacted the previous manager that the people living here before I did had left this apartment stained inside the refrigerator and with pest control needed.
On September 16, 2019, we had a mediation between all residents about our differences in the living conditions and we all had made the suggestion to have the new tenants, minus myself, to be relocated and replaced by other tenants I had already known. In our leasing contract, it states that management holds the right to choose to relocate residents. She refused on the reason that we all needed to "communicate and talk our problems". The tenants, and myself, did not agree to that condition because our lease does not state anything about communication between residents, nor in the rules and regulations, only vague allusions of respect within the apartment.
From September 16 through September 29, 2019, I had been seeing repetitive unsanitary conditions of trash that's been collected for over a week and a half and when replace, it is replaced by another week and a half. None of that trash is mine. I had also seen the sink clogged with dishes and pots that had growing cultures for being unattended to for weeks. I had gone to management with written complaints and photos of the unsanitary conditions, between those dates several times, and I had been redirected each time to her assistant. Her assistant only collects information and gives generic responses. I had explained to the assistant what was happening, including passive aggressive behavior from the others toward me, and she had asked me if I had talked to them, which I said yes. They had stated that they are not throwing the trash they put into my trash receptacles because they saw the apartment like that when they arrived, which the office and myself knew it wasn't and property manager had inspected the apartment several times.
Since the property manager did nothing to remedy the problems, and the other tenants didn't either, my parents decided to throw the trash due to the trash bin belonging to me, with the tenants trash inside. The tenants finally cleaned everything that was put in the sink but now there's been 3 days worth of uncleaned dishes there as of October 3, 2019. But now, they hold a grudge against my parents and I, and strike the wall between our rooms late nights and early mornings in retaliation for what my mom did.
My online friends have told me that the tenants were breaching the lease in Condition of Premises, stating "Resident agrees to keep and maintain the Premises in a good , clean, and sanitary condition; otherwise, Owner may charge Resident any reasonable cleaning costs and in the Rules and Regulations in the Trash section and Pest Control section, stating " To reduce the possibility of pests, store all food in sealed containers; do not leave food or dirty dishes out; empty all cans and bottles and rinse them with water; remove trash immediately, and do not leave windows or doors open allowing pests to enter.". The property manager has not sent out any written or typed notices for the other tenants to clean their trash and dirty dishes, and she has been avoiding me ever since the mediation on September 16, 2019.
I don't know what to do. I checked with the Justice of the Peace in my town and their small claims courts are mainly for money rewards and not to have managers do specific actions. I don't know if BBB or HUD would be of help for me. I also don't have anywhere else to go and I can't afford the fee to transfer away, that's 200$ for that. I just want the property manager to do her job and relocate them with people I had specified that i know personally on the premises that were clean and enjoyed living with me. The only thing I have found was a section in my lease about Repairs, replacements, and Malfunctions stating "Owner will act with customary diligence to keep the common areas reasonably clean; maintain fixtures, hot water, heating, and air conditioning equipment; substantially comply with all applicable laws regarding safety and sanitation; and make all reasonable repairs, subject to Resident's obligation to pay for damages for which resident is liable. IF OWNER VIOLATES ANY OF THE ABOVE, RESIDENT MAY POSSIBLY TERMINATE THIS LEASE CONTRACT AND EXERCISE OTHER REMEDIES UNDER TEXAS PROPERTY CODE SEC. 92.056 BY FOLLOWING THIS PROCEDURE:
a) All rent must be current, and Resident must make a written request for repair or remedy for the condition - after which owner will have a reasonable time to repair and remedy.
b) If owner fails to do so, Resident must make a written request for the repair or remedy (to make sure there's o miscommunication) - after which the owner will have a reasonable time to repair and remedy.
c) if the repair or remedy still hasn't been accomplished within that reasonable time period, Resident may immediately terminate this lease contract by giving owner a final written notice.
RESIDENT MAY ALSO EXERCISE OTHER STATUTORY REMEDIES, INCLUDING THOSE UNDER TEXAS PROPERTY CODE SEC. 92.0561.
I am open to suggestions and advice, thank you for reading. Below I attached photos [link removed] of the trash, spiders, and sink, along with litter and crumbs over the stove and on the floor.
Hello, I've been living in XXX Place from 2011 and I have been fortunate to not have as many problems as I do now.
The previous management was cordial and worked with me and the other residents in resolving complaints and disputes. There was a change in management at the end of July the 31st, 2019. New residents had also arrived here in this shared living space of 4 bedrooms with a common area as well as of September 1, 2019. These new residents came in fighting to the new management that our apartment was in poor conditions. I had been transferred from a different building to this new space. I had told the new residents and the new management that I had contacted the previous manager that the people living here before I did had left this apartment stained inside the refrigerator and with pest control needed.
On September 16, 2019, we had a mediation between all residents about our differences in the living conditions and we all had made the suggestion to have the new tenants, minus myself, to be relocated and replaced by other tenants I had already known. In our leasing contract, it states that management holds the right to choose to relocate residents. She refused on the reason that we all needed to "communicate and talk our problems". The tenants, and myself, did not agree to that condition because our lease does not state anything about communication between residents, nor in the rules and regulations, only vague allusions of respect within the apartment.
From September 16 through September 29, 2019, I had been seeing repetitive unsanitary conditions of trash that's been collected for over a week and a half and when replace, it is replaced by another week and a half. None of that trash is mine. I had also seen the sink clogged with dishes and pots that had growing cultures for being unattended to for weeks. I had gone to management with written complaints and photos of the unsanitary conditions, between those dates several times, and I had been redirected each time to her assistant. Her assistant only collects information and gives generic responses. I had explained to the assistant what was happening, including passive aggressive behavior from the others toward me, and she had asked me if I had talked to them, which I said yes. They had stated that they are not throwing the trash they put into my trash receptacles because they saw the apartment like that when they arrived, which the office and myself knew it wasn't and property manager had inspected the apartment several times.
Since the property manager did nothing to remedy the problems, and the other tenants didn't either, my parents decided to throw the trash due to the trash bin belonging to me, with the tenants trash inside. The tenants finally cleaned everything that was put in the sink but now there's been 3 days worth of uncleaned dishes there as of October 3, 2019. But now, they hold a grudge against my parents and I, and strike the wall between our rooms late nights and early mornings in retaliation for what my mom did.
My online friends have told me that the tenants were breaching the lease in Condition of Premises, stating "Resident agrees to keep and maintain the Premises in a good , clean, and sanitary condition; otherwise, Owner may charge Resident any reasonable cleaning costs and in the Rules and Regulations in the Trash section and Pest Control section, stating " To reduce the possibility of pests, store all food in sealed containers; do not leave food or dirty dishes out; empty all cans and bottles and rinse them with water; remove trash immediately, and do not leave windows or doors open allowing pests to enter.". The property manager has not sent out any written or typed notices for the other tenants to clean their trash and dirty dishes, and she has been avoiding me ever since the mediation on September 16, 2019.
I don't know what to do. I checked with the Justice of the Peace in my town and their small claims courts are mainly for money rewards and not to have managers do specific actions. I don't know if BBB or HUD would be of help for me. I also don't have anywhere else to go and I can't afford the fee to transfer away, that's 200$ for that. I just want the property manager to do her job and relocate them with people I had specified that i know personally on the premises that were clean and enjoyed living with me. The only thing I have found was a section in my lease about Repairs, replacements, and Malfunctions stating "Owner will act with customary diligence to keep the common areas reasonably clean; maintain fixtures, hot water, heating, and air conditioning equipment; substantially comply with all applicable laws regarding safety and sanitation; and make all reasonable repairs, subject to Resident's obligation to pay for damages for which resident is liable. IF OWNER VIOLATES ANY OF THE ABOVE, RESIDENT MAY POSSIBLY TERMINATE THIS LEASE CONTRACT AND EXERCISE OTHER REMEDIES UNDER TEXAS PROPERTY CODE SEC. 92.056 BY FOLLOWING THIS PROCEDURE:
a) All rent must be current, and Resident must make a written request for repair or remedy for the condition - after which owner will have a reasonable time to repair and remedy.
b) If owner fails to do so, Resident must make a written request for the repair or remedy (to make sure there's o miscommunication) - after which the owner will have a reasonable time to repair and remedy.
c) if the repair or remedy still hasn't been accomplished within that reasonable time period, Resident may immediately terminate this lease contract by giving owner a final written notice.
RESIDENT MAY ALSO EXERCISE OTHER STATUTORY REMEDIES, INCLUDING THOSE UNDER TEXAS PROPERTY CODE SEC. 92.0561.
I am open to suggestions and advice, thank you for reading. Below I attached photos [link removed] of the trash, spiders, and sink, along with litter and crumbs over the stove and on the floor.
