evictions/backrent?

[txrenter]

texas renter has been evicted by landlord due to unpaid rent. Rent has not been paid due to conditions of dwelling. Landlord, I think, is about to sue for unpaid rent, and unpaid water bills. Landlord does not have lease with renter and they have not sent any copies of water bills to renter. Renter was moving anyway to new home, so what advice can you offer. Floors are falling through (mobile home), mildew smell, bugs, and mice. Do we have a leg to stand on, we are refusing to pay. Landlord had lot cleared of trees and still trees are left down with 4 foot grass around making mesquito heaven. We have 2 children. Where do I start to fight landlord? (if I can fight landlord) Any advice would be greatly appreciated. Thank you. Texas renter

 

[Tracey]

You can read TX landlord tenant law in Title 8, Ch. 91-92 of the TX Property Code. The landlord has a duty to repair defects if tenant is paid up on rent when tenant gives landlord notice. 92.056. Under 92.0563, you can sue landlord and request the court reduce your rent from the date you first gave notice of a defect needing repair. You can also repair the defect and deduct the cost from the rent. However, the courts don't like it when tenants withhold rent to extort landlord. Your failure to pay rent may have hurt your case or prevented you from suing landlord at all.

Read the act and see which sections apply to the various facts of your case. Each request to repair is a separate 'case' and you have to have met the statutory requirements each time.

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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.