Bad Landlord/Breaking lease

[ctlba]

I recently leased a home in Houston, TX. Upon moving in, there were several items not working that could not be checked prior to moving in due to utilites not being turned on. These include but are not limited to, one a/c unit not working, garage door not working and lawn sprinkler system inoperative.

I have contacted the landlord by phone and by registered mail about repairs but the landlord has not contacted me or indicated that they will make the repairs. This has been going on for approximately a month. Due to the inaction of the landlord and lack of a "warm fuzzy" for future repairs or even receiving my deposit when the lease is over, I wish to pursue breaking the lease.

I am curious as to whether the best course is to go through small claims court and exactly what I can receive for my loss of money for moving, obtaining other housing and whether or not I can withhold rent due to the inaction by the landlord.

 

[LL]

The answers to your questions are specific to Texas law.

Elements that may be important include:
1. Your acceptance of the condition of the house by moving in.

2. None of your complaints involve "habitability" problems.

3. What does your lease say about responsibility for maintenance (important in Texas)?



[Edited by LL on 03-05-2001 at 10:54 AM]

 

[ctlba]

LL,

In my lease there was nothing mentioned about any item on the property not working and there was no exclusions to repairs to items. It has always been my assumption that if something is present (garage door), it is assumed to be in working condition unless noted otherwise.

I filled out my move in checklist within the time allotted, listing all items needing fixing so that was not a problem.

As far a "habitable" items, apparently you have never lived in Houston in the summer if the a/c not working is not a habitable condition.

As I mentioned, in my opinion, if something is on the property, it is assumed to be in working condition unless noted otherwise and as I mentioned, nothing was noted as "not working" or "not to be repaired."

 

[LL]

Evidently, you and I are on different wave lengths as to how we think about this problem. You asked for advice and I tried to give it to you. Since I don't know much about Texas law, I tried to point out the elements that might be important for a judge to make a decision.

It is not true that the landlord is always the one responsible for maintenance. Often, that responsibility is allocated in the lease, especially when the demised premises is a house rather than an apartment. This is especially true in Texas, I understand, where the the terms of the lease carry much more weight than they do in, say, California.

By "habitability" I meant what the term "untenantable" means in california, namely conditions that make it unliveable. This definition does not mean uncomfortable, nor is it up to the tenant to say what he needs. In California, there is a specific list of "untenantable" conditions, like lack of running water or sewer connection, leaky roof, dangerous electrical wiring, dangerously defective floors, stairways, and railings, etc. Lack of air conditioning in, say, Death Valley in the summer is not on the list, and is not an untenantable condition for which the landlord has special responsibility. It is only for such untenantable conditions that the Deduct and Repair law, or the rent withholding law applies. The same goes for the law that allows a tenant to move out immediatly without any further responsibility because of "untenantable" conditions.

This is the reason that I tried to point out to you that it is Texas law that will determine the answers to your questions, and how a judge might rule on this situation.

 

[ctlba]

LL,

I appreciate your responses. I travel constantly in my work and after renting apartments and houses for 10 years, this is the first time I've encountered a landlord quite like this. One that will not even return phone calls.

My lease is specific as far as repairs by landlord. While a/c might not make the house uninhabitable in California, heat and a/c are mentioned in the Texas Property Code as being required. In Houston it gets to be 100 degrees with 95%+ humidity. That is an unsafe condition for anyone to live in without a/c even though I realize many people do live under such conditions.

My question is that since all these items (a/c, lawn sprinklers, etc.) were present, could I not assume that they were all in working condition since nothing was mentioned verbally or in the lease about items not working or items not to be repaired? It is the same as buying a used car without having the opportunity to drive it to verify that everything is working. I don't think any logical person would ever make such a purchase.

Basically, the landlord is in violation of the lease agreement. If for nothing else, there is verbage that the locks are to be rekeyed within 7 days and this was never done. Since the landlord is in clear violation of the lease and has made no effort to remedy the situation, what is my next step? Texas law allows for the tenant to receive a month's rent plus $500 plus legal fees if they win a judgement. Is it best to let a lawyer handle the situation and risk having a large legal bill (I'm not sure of the financial situation of the landlord (landlady actually) or should I just give a 30 day notice, move and pursue the matter in small claims court. I basically want to cover my tail so that the landlady can't come back and say I violated the lease by terminating it early.

 

[LL]

If Texas law is actually so clear that the landlord is in violation of the law, does the Texas deduct and repair law, or a rent withholding law apply? Does it clearly specify a procedure? If so, be sure to follow the procedure.

If you want to be a little less confrontational, you might have the repairs done yourself, then go to small claims court to ask for a judgement that the landlord should reimburse you. Be sure to give adequate notice of your intentions to the landlord.

 

[LL]

P.S.
Before going to court, ask your landlord for reimbursement, in a letter, politely and professionally.

 

[dj1]

What I dont get out of this...is WHY dont YOU buy YOUR OWN A/C? I DID!

And its MINE, all MINE I can put in in any window i want or even buy a second one...

I paid $379 for a 12,000 btu and i am going to buy one $199 a 5000 btu....because I WANT to be cool in New York City.

The landlord cannot prevent you from buying your own...if he did then that would violate the lease....Kewl!

 

[ctlba]

Let's see, pay $1500 a month in rent plus buy an a/c. Sounds like a great deal to me. Sorry but when I rent property, if there is an a/c on site, I assume that it works and that the landlord will keep it working. If I were paying $300-$400 a month for rent, then I wouldn't be so picky.

Am I the only person that feels it is the landlord's responsibility to keep the property in "as advertised" condition?

 

[LL]

You have to be realistic.
There is more than one way to get something accomplished.
Frankly, it seems to me that you are not very experienced in the world of getting your needs satisfied, and you are hung up on never giving up until you get your way.
Also frankly, $1500 is not a large sum for rent anymore.
Can you get any place to rent for $300 to $400 per month these days?
Maybe your assumptions are not so mature.

If you are sure of your ground, then why don't you use the deduct & repair law, or the rent withholding law, or the procedure that I suggested. No one is going to solve this problem for you, but you yourself.

The only further advice that I can give you, is to remember that when you go to court, there are usually two separate parties, each with their own position, not only yours.

 

[dj1]

I think anyone is totally NUTS to pay $1500 in rent, when you can OWN something for less.

You have to send a certified letter return reciept and give the landlord say 7 days to fix or you will call a repairman and deduct it from the rent.

You obviously are a very rich person and can afford to buy your own Air conditioners, but you choose to be a very picky tenant and of course you will get a rent increase every year for your attitude.

I on the other hand am not as wealthly as you so I buy my own AC's, fix little things myself instead of pestering the landlord, and in return i get NO rent increase. That works for me.

 

[LL]

dj says.
"You have to send a certified letter return reciept and give the landlord say 7 days to fix or you will call a repairman and deduct it from the rent. "

Does Texas law allow this?

 

[LL]

dj says,
"You have to send a certified letter return reciept and give the landlord say 7 days to fix or you will call a repairman and deduct it from the rent. "

Does Texas law allow this?

 

[LL]

The answers to your questions depend on Texas law, and can be found in Texas Property code 92.0561.

dj is absolutely correct to point out that you the fundamental rules of doing business depend on personal relationships, such as your relationship with your landlord. Tenants with the status of "most-favored tenant" usually do much better than those who make a fight over getting what they want.