Options for exterior damages impacting my apartment

[JackM678]

What is the name of your state? Texas

I'll just cut to the chase. My apartment is dealing with damages to the ceiling, HVAC, and has some mold due to a damaged roof. Rent can be withheld after following a set of steps which I have done some so far. I have put a work order in for all issues, I have sent an email, and I have left a voicemail. I didn't give an intention to deduct repairs from the rent, but only referenced the law section number which shows that I can, but not that I'm going to thus far.

Given all that information, just getting a contractor to do the repairs after I followed all steps won't due much even if I can deduct them from my rent, because each season there is a new damage from rain due to a roof repair needed that a maintenance worker confirmed to me.

So, I don't know if it would be financially practical, but can you have someone repair exterior damages outside of your apartment and deduct it from the rent too? If not, what other option would I have besides just reporting it to the city? Would I be allowed to say I'm not paying them the rent until it is fixed since it is both a health and safety issue?

 

[adjusterjack]

Why don't you just pack up and leave?

 

[JackM678]

Why don't you just pack up and leave?

Because it is easier said than done. All the moving expenses with the little time and resources I have, I would rather not. I was kind of hoping for an answer to the question.

 

[quincy]

What is the name of your state? Texas

I'll just cut to the chase. My apartment is dealing with damages to the ceiling, HVAC, and has some mold due to a damaged roof. Rent can be withheld after following a set of steps which I have done some so far. I have put a work order in for all issues, I have sent an email, and I have left a voicemail. I didn't give an intention to deduct repairs from the rent, but only referenced the law section number which shows that I can, but not that I'm going to thus far.

Given all that information, just getting a contractor to do the repairs after I followed all steps won't due much even if I can deduct them from my rent, because each season there is a new damage from rain due to a roof repair needed that a maintenance worker confirmed to me.

So, I don't know if it would be financially practical, but can you have someone repair exterior damages outside of your apartment and deduct it from the rent too? If not, what other option would I have besides just reporting it to the city? Would I be allowed to say I'm not paying them the rent until it is fixed since it is both a health and safety issue?

It is the property owner’s responsibility to make necessary repairs to the exterior elements of a rental, unless your lease specifically assigns that responsibility to you. If the property needs a new roof to prevent rain leaks and mold in your apartment, and the property owner will not make necessary repairs, you should call for a city inspection. If a roof is necessary, the city inspector will inform the owner.

That said, sure, you can discuss various options with the landlord/property owner, including living rent-free until repairs are made.

As a note, communicating through emails and voice messages is not the best way to document your requests/demands. These are best sent by formal letter, saving a copy for yourself.

 

[JackM678]

It is the property owner’s responsibility to make necessary repairs to the exterior elements of a rental, unless your lease specifically assigns that responsibility to you. If the property needs a new roof to prevent rain leaks and mold in your apartment, and the property owner will not make necessary repairs, you should call for a city inspection. If a roof is necessary, the city inspector will inform the owner.

That said, sure, you can discuss various options with the landlord/property owner, including living rent-free until repairs are made.

As a note, communicating through emails and voice messages is not the best way to document your requests/demands. These are best sent by formal letter, saving a copy for yourself.

Do you mean through US Mail with tracking?

I didn't state intentions to do any of the following yet, but just reminded them that I am aware of legal rights. If another week or two goes by without hearing from them or without them working on it, I would send official notice that I would be withholding the rent should it not be paid or deducting cost of repairs.

 

[FarmerJ]

Wondering If by now you sent a written on paper notice to the landlord about the repairs and did you send it certificate of mailing ? confirmed mail delivery? certified mail? registered mail ? and what has been the result of your real paper trail ? Keep in mind if you go to inspections they can not only order repairs but if the LL wont comply they can condemn the property and not be able to collect rent until the work orders are satisfied and if its condemned you may have to vacate any way But no one else can live in it until inspections says so.

 

[quincy]

Do you mean through US Mail with tracking?

I didn't state intentions to do any of the following yet, but just reminded them that I am aware of legal rights. If another week or two goes by without hearing from them or without them working on it, I would send official notice that I would be withholding the rent should it not be paid or deducting cost of repairs.

Yes. That is what I meant. You want a record of when you send a letter and when it’s received.