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Bad Property Manager refuses to listen to tenants; Lets tenants live in discontent and unsanitary conditions!!!

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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.
 


FarmerJ

Senior Member
I suggest if there are repair issues that you call your city building inspections desk and start complaining about repairs that are not made. AS to other issues I suggest you no longer permit anyone else to use things of yours by keeping those things locked up in space you exclusively control and refuse access to those things to any other tenants in this place. AS far as management goes keep any and all complaints you have to be written on real paper and mailed via confirmed mail delivery or certificate of mailing so you have a written on real paper trail should you ever have to prove you complained to them in a court room, staple your postal receipt to our copy of each letter. EG they tell you that you MUST do xyz but your lease doesn't address XYZ , and you write to them asking them to tell you which part of your lease says you are to do xyz then you would have a real paper trail record of your side of the communication.
 

not2cleverRed

Obvious Observer
Oh, puhleeeeze.

If you see a problem like trash needing to be taken out, just take care of it. It is a sign of immaturity to say, "I will live in filth, because I did not create the mess." Are you all children?!

You do realize that this applied to you as well?
"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.".
Meaning you are at fault for the mess as much as anyone else. You have a responsibility, that you agreed to by signing the lease, to make sure the place is maintained, etc.

And yes, I've lived with other people that were slobs. Guess what I did? If their plates of discarded food annoyed me, I tossed the food out and cleaned the plates. If the sink was clogged and stacked 2 feet high, I just took care of business so that I would be able to use the sink myself.

Since you agreed to live in a situation where you share a kitchen, etc., with strangers you are stuck with working things out amongst yourselves. If you can get a quorum of mature people, you could have a meeting about house rules/chores. Otherwise, spend as little time as possible in common areas and keep your stuff locked up in your room.

The one roommate situation I had where the landlord successfully enforced the clean kitchen sink rule (because he lived there too) had unintended consequences when a smelly slob moved in. The slob avoided leaving dirty dishes in the sink by taking the dirty dishes to his room. He did not care that the dishes he'd used weren't even his own, and they were stacked in his room several feet high.
 

LadyLav

New member
Oh, puhleeeeze.

If you see a problem like trash needing to be taken out, just take care of it. It is a sign of immaturity to say, "I will live in filth, because I did not create the mess." Are you all children?!

You do realize that this applied to you as well?


Meaning you are at fault for the mess as much as anyone else. You have a responsibility, that you agreed to by signing the lease, to make sure the place is maintained, etc.

And yes, I've lived with other people that were slobs. Guess what I did? If their plates of discarded food annoyed me, I tossed the food out and cleaned the plates. If the sink was clogged and stacked 2 feet high, I just took care of business so that I would be able to use the sink myself.

Since you agreed to live in a situation where you share a kitchen, etc., with strangers you are stuck with working things out amongst yourselves. If you can get a quorum of mature people, you could have a meeting about house rules/chores. Otherwise, spend as little time as possible in common areas and keep your stuff locked up in your room.

The one roommate situation I had where the landlord successfully enforced the clean kitchen sink rule (because he lived there too) had unintended consequences when a smelly slob moved in. The slob avoided leaving dirty dishes in the sink by taking the dirty dishes to his room. He did not care that the dishes he'd used weren't even his own, and they were stacked in his room several feet high.
Not2clevered, do you seriously think it is right for someone to have to constantly clean up after another grown up, just because they live there too? This would only cause the slobs to think that what they are doing is ok. I think mgt should make the slobs move or at least not charge a transfer fee to the other tenant.
 

not2cleverRed

Obvious Observer
Not2clevered, do you seriously think it is right for someone to have to constantly clean up after another grown up, just because they live there too? This would only cause the slobs to think that what they are doing is ok. I think mgt should make the slobs move or at least not charge a transfer fee to the other tenant.
Is it right? No.

But @sugarbunnies signed a lease agreeing to these conditions. A quick internet search of this place reveals that others who have lived there had similar issues, and that at move out the common areas being a mess will be used against you in determining what amount of your security deposit is returned.

The landlord can not enforce civility between roommates.

This is student housing. Perhaps, after living in student housing for 8 years, @sugarbunnies should consider living with adults.
 

sugarbunnies

New member
Hi, I believe FarmerJ had the most concise response and then everyone else had good opinions that I am considering through. None of the filth and clogged items on the sink are mine and I am not going to be liable for them. There is considerable lack from the management and I can leave after I make the right measures with what FarmerJ stated. I liked living there in my eight years when the previous management was there and they fixed my concerns.

I can not believe you actually let your mommy and daddy take out the trash.
I had allowed her to do that since there would be no way for the management to reprimand her of disturbing the other tenants, who had been previously uncomfortable with her being there. Had I done it, the management would have sided with them against me for "sifting through their trash".
 

not2cleverRed

Obvious Observer
Hi, I believe FarmerJ had the most concise response and then everyone else had good opinions that I am considering through. None of the filth and clogged items on the sink are mine and I am not going to be liable for them. There is considerable lack from the management and I can leave after I make the right measures with what FarmerJ stated. I liked living there in my eight years when the previous management was there and they fixed my concerns.
Reviews from former tenants would indicate that you will be held liable for cleaning fees in common areas upon moveout, even if you did not create the filth.

EVERYTHING you have complained about in an interpersonal, not legal problem. The BBB doesn't handle roommate relations. HUD has nothing to do with roommate relations.

The ONLY thing I can see you doing is requesting a transfer another unit. Find an available unit, or someone willing to trade, and have all the roommates sign a petition requesting that management allow it. Yes, I believe that your roommates would be willing to agree to having you switched out with another roommate.

I had allowed her to do that since there would be no way for the management to reprimand her of disturbing the other tenants, who had been previously uncomfortable with her being there. Had I done it, the management would have sided with them against me for "sifting through their trash".
WT? Just as management has no interest in policing who washes their dishes, they have no interest in who takes out the trash.

Commonly, when people take out the trash, they either take out the whole bag (if there is a bag in the waste basket), or they empty the entire contents of the bin into a bag (if there is no bag in the waste basket). And no one complains about not having to take out trash if it's done that way, and a new liner put in.

So what have you been doing that your roommates think you are "sifting through their trash"? Have you sifted through their trash?!

In the link you had up before, you had an opened water bottle case on the floor appearing in more than one photo. Were you taking the plastic wrapper off and disposing of it?
 

Just Blue

Senior Member
Reviews from former tenants would indicate that you will be held liable for cleaning fees in common areas upon moveout, even if you did not create the filth.

EVERYTHING you have complained about in an interpersonal, not legal problem. The BBB doesn't handle roommate relations. HUD has nothing to do with roommate relations.

The ONLY thing I can see you doing is requesting a transfer another unit. Find an available unit, or someone willing to trade, and have all the roommates sign a petition requesting that management allow it. Yes, I believe that your roommates would be willing to agree to having you switched out with another roommate.



WT? Just as management has no interest in policing who washes their dishes, they have no interest in who takes out the trash.

Commonly, when people take out the trash, they either take out the whole bag (if there is a bag in the waste basket), or they empty the entire contents of the bin into a bag (if there is no bag in the waste basket). And no one complains about not having to take out trash if it's done that way, and a new liner put in.

So what have you been doing that your roommates think you are "sifting through their trash"? Have you sifted through their trash?!

In the link you had up before, you had an opened water bottle case on the floor appearing in more than one photo. Were you taking the plastic wrapper off and disposing of it?
Also there were pic's of misaligned chairs...What is the significance of that?
 

Gail in Georgia

Senior Member
"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. "

Hey Princess; what in the world makes you think this is the property managers job to do this?

Gail
 

FarmerJ

Senior Member
Please keep in mind that you may not ever be able to see a resolution that makes you happy while living there. Try to work out all the details of moving into another unit your self and in the end know you may have to refuse to renew , give proper notice, and look for a studio apartment so you no longer share kitchens / bathrooms etc with any one else.
 

sugarbunnies

New member
"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. "

Hey Princess; what in the world makes you think this is the property managers job to do this?

Gail
There is a clause under Relocation stating that Owner holds the right to relocate residents to maintain civility.
 

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