We like where we live.

[scotty]

So what is a reasonable time to fix something?
On January 4th I called our landlord to tell her that our kitchin sink was cloged. She said to call a plumber and we would pay half. No problem. She called her guy. He came and said it was a broken pipe in the foundaton. She said to get another opinion. He had no charge. The second guy did it on the side for 50 bucks. Or pay 150 on the company time.
We lost 50 instead of 75.
The 9th of febuary will be the 7th day of written notice. Her lease states we will get rent and our deposit to move. We even payed febuarys rent in good faith to her. And we like where we live. We have been in comunication with her. Via telephone. She was nice when I spoke to her. but rude and underminding to my wife, we want to move, now. How? With getting our money back 2 months and deposit? WHat is our next coures or courses of action?
We live in texas and the law says we're intitled to everything. not to mintion our babies. and my wife got sick an went to the Dr.. Bacterial infection. We simply don't know the avenues to "prosue".

 

[LL]

Sorry, but I don't understand your problem.

Did you get some kind of notice from the landlord?
What does it say?

 

[scotty]

So what is a reasonable time to fix something?
On January 4th I called our landlord to tell her that our kitchin sink was cloged. She said to call a plumber and we would pay half. No problem. She called her guy. He came and said it was a broken pipe in the foundaton. She said to get another opinion. He had no charge. The second guy did it on the side for 50 bucks. Or pay 150 on the company time.
We lost 50 instead of 75.
The 9th of febuary will be the 7th day of written notice. Her lease states we will get rent and our deposit to move. We even payed febuarys rent in good faith to her. And we like where we live. We have been in comunication with her. Via telephone. She was nice when I spoke to her. but rude and underminding to my wife, we want to move, now. How? With getting our money back 2 months and deposit? WHat is our next coures or courses of action?
We live in texas and the law says we're intitled to everything. not to mintion our babies. and my wife got sick an went to the Dr.. Bacterial infection. We simply don't know the avenues to "prosue".

No there was no notice of any kind from her she hasn't even called us sence thos all started. We have called her and sent certified letters. still no responce. our problem is the broken sink drain. its been a month and four days. So we're ready to move. but shouldn't we get reimburst

 

[LL]

If I understand correctly, your problem is a cligged kitchen sink drain that the landlord hasn't fixed for a month.

1. If you caused the problem, then maybe in Texas the landlord doesn't have to fix it. However, if he has any sense as a landlord, he would have fixed it right away and argued later over who should pay.

2. I don't know anything at all about Texas law.

3. You MAY be able to repair and deduct from the rent, depending on just what the law says in Texas. If you are allowed, the law may provide vague or specific timelines for notice to the landlord. In your case, being without a kitchen sink, after having notified the landlord verbally (I assume) might be a good reason to speed up the timetable.

4. I suggest that you immediatly send a letter to the landlord, certified mail, saying in a friendly fashion, that you notified him on ___date about the kitchen sink being clogged up, up until now it still hasn't been fixed and you are without a kitchen sink, please come and fix it immediately, if not, after 5 days you will be forced to hire someone yourself and deduct the cost from the rent. You assume that he does not object, if he does, please telephone and tell you what the objection is.

I think that this is your best shot to get your sink fixed, plus stay out of trouble with your landlord, since you like living where you are. Keep in mind that the landlord may object saying that it is your fault. In that case, I suggest that you have it fixed yourself right away, get the best deal that you can, and argue later over who pays.

 

[scotty]

clarification

this is scottys wife!! hello i thought i could make the situation were going threw a little clearer> on january 4 we called our land lord to tell her we "thoutht" the sink was clauged. after two above mentioned plubers came they said that it is a broken pipe under the house(duplex) we have aready written her a certified letter how ever I still have not recieved the return recite. It has taken our landlord 1 month and 7 day to today date to get and thing taken care of. 2 days ago the plumbers and diggers came out. They have found out that the broken pipe is in the foundation! Now here is our problem. This situation is not our fault in the least. and it could take months to be fixed. We have two young children 7months and 2years and have to use a 5 galllon bucket under the sink and run a garden hose out the side door and sipen the water out just to runn water or do dishes or dump any thing down the drain.(much better than usuing the bathtub) In our landlords lease it states that if situation is not resolved within 7 days after written notification she defaults on the lease and we get any deposits and last months rent returned. In good faith we have paid january and febuary's rent. But now i am mad> my family is continuously getting sick because of the molds the dampness of the sink causes. Here is my question. we want to move. if we lived in an apartment they would relocate us for free because there was something wrong with their unit! We rent from this lady in good faith that every thing should work properly. I believe not only should she not give me the deposit and feb. rent but also jan. because that is how long the sin has been broken.. HELP US we are so frusterated and need some sound advice.. also if she refruses to give us the money we requested what is my next LEGAL step. I have also notified the housing athority and healrh department because of the fact that it is attracing the molds waterbugs and mosquitos. HELP thanks JEN