For starters, this is in texas. but it will help that I've added laws and sections myself. They are trying to make us pay $490 for damages / cleaning etc... Well there are a number of things I feel we can sue for. I had two questions. Am I correct about the laws and stuff? and second Should I try to provide them with this information and the potential lawsuit which could cost them thousands and see if they can zero the account balance and not have to worry about court or should I just pay it and sue them?
Here is what I have compiled.
Sections are referring to LANDLORD AND TENANT CHAPTER 92. RESIDENTIAL TENANCIES SUBCHAPTER B.
Notice to fix the dishwasher was made on 12/18/2018 this request was not replied to by 12/23/2018 This is in violation of Sec. 92.053. In addition to being in violation of the Sec 92.053 since the dishwasher wasn't fixed in a timely manner our dishes had sat in there until they finally came and fix it once my mom gave Matt a not so nice call. Once it was fixed we took out all the dishes which had been covered in garbage disposal waste because it was backing up into dishwasher and tried to clean them to see they were covered in mold. This along with the mold growing in the bathroom that was from the next point are an extreme health hazard and we are lucky to not have gotten extremely ill from this.
The repair was not completed until 02/22/2019 which is in violation of Sec. 92.056 and Sec. 92.052.
Written notices were not provided for the toilet flooding as we made emergency calls and each time the maintenance people came we were told “just let the fans run and dry it out and you're good” or something along those lines. Them not properly cleaning it and fixing the problem lead to the build up of mold as provided in the pictures which are dated 01/15/19. Even though written notices were not given due to the nature of this problem this is in violation of Sec. 92.056 and Sec. 92.052. Because of negligence by apartment staff and failure to fix this issue it led to destruction of around $150 in towels, clothes, and books.
Addressing the lease agreement regarding the repairs 31.1 Of the lease agreement states “The time, manner, method and means of performing maintenance and repairs, including whether or which vendors to use, are within our sole discretion”. This is an illegal clause that violates Sec. 92.056 which states the repairs must be made in “reasonable time” which is typically 7 days but depends on the severity of the issue. (3 months for a dishwasher repair is NOT “reasonable time”)
If legal action was to be taken for these violations. Under 92.0563 if the court rules in favor of the plaintiff the defendant would be subject to penalty of one month's rent plus $500 ($1,360); judgment against the landlord for the amount of the tenant's actual damages ($150); court costs ($101) and attorney's fees (?). This would amount to $1,611 not including attorney fees.
This case could easily cost your company over $2000 if the court ruled in favor of the plaintiff. If the final account balance could be zeroed out we will not proceed with legal action. However if we are forced to pay these ridiculous charges at ridiculous rates then we will need to take legal action to make up those losses, and in our favor we would recoup triple insane fees we were forced to pay which in all reality cost your company less than $300 to fix.
any help is appreciated.
Here is what I have compiled.
Sections are referring to LANDLORD AND TENANT CHAPTER 92. RESIDENTIAL TENANCIES SUBCHAPTER B.
Notice to fix the dishwasher was made on 12/18/2018 this request was not replied to by 12/23/2018 This is in violation of Sec. 92.053. In addition to being in violation of the Sec 92.053 since the dishwasher wasn't fixed in a timely manner our dishes had sat in there until they finally came and fix it once my mom gave Matt a not so nice call. Once it was fixed we took out all the dishes which had been covered in garbage disposal waste because it was backing up into dishwasher and tried to clean them to see they were covered in mold. This along with the mold growing in the bathroom that was from the next point are an extreme health hazard and we are lucky to not have gotten extremely ill from this.
The repair was not completed until 02/22/2019 which is in violation of Sec. 92.056 and Sec. 92.052.
Written notices were not provided for the toilet flooding as we made emergency calls and each time the maintenance people came we were told “just let the fans run and dry it out and you're good” or something along those lines. Them not properly cleaning it and fixing the problem lead to the build up of mold as provided in the pictures which are dated 01/15/19. Even though written notices were not given due to the nature of this problem this is in violation of Sec. 92.056 and Sec. 92.052. Because of negligence by apartment staff and failure to fix this issue it led to destruction of around $150 in towels, clothes, and books.
Addressing the lease agreement regarding the repairs 31.1 Of the lease agreement states “The time, manner, method and means of performing maintenance and repairs, including whether or which vendors to use, are within our sole discretion”. This is an illegal clause that violates Sec. 92.056 which states the repairs must be made in “reasonable time” which is typically 7 days but depends on the severity of the issue. (3 months for a dishwasher repair is NOT “reasonable time”)
If legal action was to be taken for these violations. Under 92.0563 if the court rules in favor of the plaintiff the defendant would be subject to penalty of one month's rent plus $500 ($1,360); judgment against the landlord for the amount of the tenant's actual damages ($150); court costs ($101) and attorney's fees (?). This would amount to $1,611 not including attorney fees.
This case could easily cost your company over $2000 if the court ruled in favor of the plaintiff. If the final account balance could be zeroed out we will not proceed with legal action. However if we are forced to pay these ridiculous charges at ridiculous rates then we will need to take legal action to make up those losses, and in our favor we would recoup triple insane fees we were forced to pay which in all reality cost your company less than $300 to fix.
any help is appreciated.
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