• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Leaks in Apartment

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
What is the name of your state? TX


I moved into my current unit back in April of last year and since then I've had leaks in May, June (3x), September (2x), October, November, January and March (2x now). The property is barely over a year old so construction has been out 3 times now. The first two times they tried a few quick fixes, no luck. This last time they were out for pretty much a week and tore up the outdoor lounge area above my apartment, attributing the sealing of the flooring to the issue. They also came in my unit and tore several spots of the ceiling out and did some work and re-plastered. Throughout all of this, the most they've done is offer to put me up in a hotel the week that construction was here due to the fact that they would be drilling and the noise would be extremely loud but they had just charged me rent for the month so I declined. On top of that, they had the construction guy in my unit by himself for the first day so I ended up canceling everything I had planned to stay in my unit with him since he's not a member of the staff (he's technically external from the construction company based out of state). My question is, do I have grounds to sue because I've been more than patient and after I had more and more of these leaks little things in the apartment hint that this wasn't the first time this was an issue (like circular spots in the ceiling where you can tell work may been done previously -- I can't prove any of this and they could chalk it up to initial construction).

Additionally, last night part of the ceiling (where there was previous water damage) - had more water damage and because of the wet and dry repetition part of the ceiling plaster caved in and was all over the floor this morning. If I have grounds to sue - what would the grounds be and what would I sue for (amount-wise)?

I do want to also add, it's been really stressful and frustrating because when it rains, most of the time it's not a matter of IF it's going to leak it's a matter of WHERE and HOW MANY? So you kind of have to drop everything and head home to make sure the buckets are in the right place and to make sure the leaks aren't under anything of value. At one point I had 4-5. I try to take photos and videos of the bad ones but I don't always remember to but I do have some evidence recorded.

Gail in Georgia

Senior Member
Sue for what? Have any of your personal items been damaged because of these leaks and if so, do you have renters insurance to cover this?

From your timeframe (and if you have a year lease) it would appear your lease may be close to ending. Perhaps it is time to look for another place to rent?



Senior Member
You have the right to call your city building inspections desk and complain COMPLAIN and complain . get inspections to come out so maybe your LL will be able to end all the rinky dink repair work and make sure it is done right or the LL will risk condemnation by the city if they have to keep getting complaints.


Junior Member
@Gail in Georgia it has but it's (luckily) been minor stuff. But it's one of those things where it might sound crazy, but it messes with you in crazy ways. Like I have to drop everything I'm doing and head home when it rains because if not I don't know where I'm going to find leaks and puddles (if it stops raining) or outright down pouring of water from the ceiling if it's still raining. And these leaks aren't always in the same place so you can't just leave buckets out where the last one was because it's not guaranteed the next one will be in the same place. Outside of that when you hear water running it messes with you there too. Like the other night, the shower randomly ran water for a few seconds and the sound snapped me awake and I immediately went to the kitchen (it was raining outside) but luckily at that time it didn't appear as if anything had happened. The next morning is when I discovered all the plaster on the floor so I'm assuming after I fell back asleep a leak happened and there was no bucket under it so it also soaked the floor and sat there until I woke up. I don't expect anyone to fully understand what that's like to go thru that, but it's been basically the struggle for the last year and at a minimum I feel like I should post about it on whatever review sites I can to warn the next person because something tells me they're going to cover it up the best they can and lease it out to the next person.


Junior Member
@FarmerJ I will do that today.

Update: I called and it says they're offices are closed so it may be because of everything going on because it's only 1pm and their website says they're open until 4pm.


Junior Member
Would I be able to pursue them in small claims court? I was reading something about if you have the requests in writing and they failed to repair, you can sue for a month's worth of rent plus $500?


Texas Property Code sections 92.052 through 92.061 describe your right to repairs. It also explains what tenants must do to enforce their rights. It also explains what remedies are available for a tenant if the landlord fails to make the repairs. It also explains that tenants must give proper notice in order to get their repair remedies

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential