I haven’t had heat for 10 months and have given 3 written notices. My water heater was broken for 4 days. My washer was broken for 3 weeks. My rent has always been current.
@@LandlordAttorney I’m in San Antonio, I filed a repair and remedy suit today without a lawyer and am worried about how I filed it. I am not mentally well from this.
If you have questions regarding this case, feel free to call at (832) 305-7694 or set up a consultation online. We can review your case and guide you through the process lawofficeoferniegarcia.as.me/schedule.php.
landlord knew of needed repairs and had no permanent heater source required by city code in residence. lived across street and witness me doing repairs. at signing of lease i was told they would get it ready but never did. not one checkup in over 13 months
If you currently dont have money to repair something, can waiving the rent be an affirmative defense to a unhabitability issue? Can free rent waive an unhabitability complaint?
When a unit is partially uninhabitable, your duty is to go in and make repairs. When the entire place is uninhabitable due to a casualty event, all you have to do is terminate the lease and return the deposit.
I moved to Austin, Tx. Never had an eviction in my life. Lost a significant job due to the issues from this complex. I was told on move in date that there was a water issue but should be resolved within a few days. Move in date 1/19/2022. No water from. Day 1. The inconvenience of lugging several Gallons of water to my 3rd story apt while juggling 3 jobs at the age of 64 became unbearable. Apts with running water were opened to tenants in the midst of Covid. I finally decided I could disinfect myself. No apt was available when I could use one to get ready for the day. This was going from one building to another, climbing stairs to find all units occupied. I had to bath and wash my clothes at my daughter's house, when it was convenient. I became overwhelmed. I had requested to be released from the contract early in this nightmare and was refused. I finally reached out to the City of Austin Code department as I believe there is much more to this problem than I was informed of before I was offered the apt. To date, I have some water with very low pressure, so hours must go by between each toilet flush. Dirty water is continuously coming up into the sink. I now have a hole on the kitchen and overheard maintenance men stating they do not know the problem. City code requires hot water to reach a temp of 110 degrees; so far, it gets to 90 degrees. No access for cold water. Received text rent would be higher due to water/sewer issues from Nov 2021 to Dec 2021. I was not a tenant during this time, but this confirmed, at least in my own mind, that the problem existed and they were not completely transparent when they rented the apt. With the homelessness that is a con ern o. AUSTIN, TX, it is devastating to see myself as one of the statistics. I will overcome this. I have found a job and will be able to get ack on my feet. But with an eviction hanging over my head that was brought on due to coercion without regard to humanity just sickens me to the core. How is it they hold all the power. It is my understanding that there are still other tenants without sufficient water. Now I have been given a potential eviction and need to pay $1600 by the 28th of this month. It is not possible, and the depression associated with this has its impact on being fully alert as I struggle through to accommodate my abusers. Disgusting
I am sorry you had to go through this.Have you applied for rent relief? There are rent relief programs still available to tenants when a tenant can't pay rent. I hope there is a way to contact your Apartment complex or their attorney to hopefully negotiate this matter. If not, and if you face eviction, I suggest that you contact the Justice Court in Austin for information on assistance for housing available for someone in your physical and economic condition.
What are you thoughts on a landlord neglecting repairs that are affecting the heating of the home, and significantly making energy costs unreasonable for the tenant? It took 4 months and a lot of haggling to get the landlord to get this taken care of- (the rot and insulating issues are still an issue). Holding the landlord accountable for this, and for some reimbursement (that was offered) has resulted in threatening eviction. I have made several repairs which was agreed would credit rent, and now trying to pay me as a contractor which I will be taxed. They are also raising the rent even more (while I have been the one trying to fix it just to stay warm.). It has also affected my ability to focus on my work/business from having to make repairs myself. This is incredibly stressful and textbook slumlording in my opinion! I would love some advice please!
There's a lot going on here. A Landlord, especially in Texas, is bound by law to repair a residential property if there is a defect that materially affects the health and safety of an ordinary tenant. However, once the original term has ended, in Texas, the rent can go as high as the Landlord wants. There is no rent control. As for repairs paid for by the tenant, was the agreement for credit in writing? If not, it might be difficult to enforce such an agreement, especially if the lease is in writing.
How does a person on social security, handle a slumlord landlord who's refusing to fix things that is causing your bills to rise and health factors to increase ... Financially ?
Follow your Lease. If you have a Written lease, it should describe your procedure for making written requests for repairs. If you have followed the procedures in your lease and in state law, your local eviction court may be able to assist you with a low cost option to force your Landlord to complete necessary repairs, which might include covering your legal costs.
I need to send a contractor in 2 of my aparments due to a flood. My tenants refuse to remove their belongs, they are staying elsewhereand left all their stuff. I have refunded their rent. 1 tenant is 3 mths behind in rent.
We never offer consultations from outside the state of Texas. Every state has its own legislation in the US, so, for example, as I am only licensed in the State of Texas, I cannot give legal advice on California laws. In the description to every video of ours, it is written that I represent Clients in Texas courts only.
What about a broken ceiling fan pull chain. I can't turn it off. I have to turn off the breaker and that turns off my whole living room. No internet, tv, lighting when I come home from work and security system. I''m worried a constant running ceiling fan can start a fire. I've been a good tenant for over 6 years. She's always been lazy with waiting and doing cheap fixes.
If this is in Texas, review your Lease, specifically where it discusses requesting repairs, and inform your Landlord in written form about the problem.
I am a new at being a landlord. I have a tenant that had a lead inspection done. It came back positive in the window casing and windiw still in five spots. We contacted the inspector and have hired a lead removal specialists with in 30 days of notice. Chikdren was tested back in October. They was both positive. I do not make lots of money. I saved and bought this one cash. At tge time i bought it i had an inspection done through my GM. I did a 15k renovation through the GM that included a whole house repainting. Then another inspection done by the city to aprove it for rental. After a yr of rental niw we have this. I do what them to have a healthy environment. I always repair everything that she has reported. Infact before this she was reporting need of repairs that was nothing big. But i took care of them because I knew this might be issues with a older house and my first yr learning. Now, she is acting like everything is fine. But i have instructions for videos of before and after.
Good for you. The Landlord is not required to repair everything though. However, it's best to keep good record of all the requests and your responses to those.
@hasanbhatti2305 As I am only licensed to practice law in the State of Texas, I am unfamiliar with legal procedure in North Carolina, and I am unable to offer you legal advice. I do, however, strongly recommend that you contact a Landlord/Tenant attorney who practices in your jurisdiction to discuss your case with them. Best of luck to you!
Consider 2 main things: 1. Does the defect on the property pose a material threat to a Tenant's health or safety? 2. Is the potential harm that could result so high that immediate attention is required?
Is air conditioning an emergency if it broke on a 100+ day and there is a toddler and pregnant lady sleeping on the second floor? There’s studies that show excessive heat can result in the harm of younger children and fetuses. Thanks for your time!
If you are a tenant and you remain current with your rent payments, I recommend reviewing your lease and make a written request for repairs according to the Lease. If there is an AC problem, your landlord must act with reasonable diligence.
@topherbopher5350 in Texas? Potentially. You need for notice to be proper, so you may want to consult with an attorney to review your written notices. If you're not in Texas, I wouldn't be able to say.
What if a tenant is in the middle of there one year lease and they causes $1,300 in damage to the garage door that is not repairable. The tenant does not want to pay to replace the door. They think I should let them try to bend the door back so it goes up and down. It would look terrible and brake again. Together, the tenant and I had a garage door company come out to give an estimate and the company said it is not repair able and quoted $1,300. The tenant still does not agree to pay for the door. I offered to pay $300 and let them pay me $1,000 over three months. How do I get them to pay for the door. Example, if their A/C quit, I would have to fix it ASAP and I would. In this case I believe they should pay for their damage ASAP.
First, turn to your lease for a description of the Tenant's duties when it comes to repairs caused by their negligence. Second, if the Tenant is on the hook for the full amount but refuses to pay, you will have to consider whether it makes sense to simply cover the costs yourself or to enforce your lease with the threat of Eviction. I cannot speak for what your lease actually states, but if the damage was caused by the tenant, the tenant is not only liable for the reasonable repair, the tenant generally is not allowed to decide the repair solution on his own, and his unwillingness to pay may be grounds for an Eviction.
@@LandlordAttorney Thanks for your response, I am a new subscriber. My lease states "Tenants shall pay the cost of keeping premises in good order and repair whenever damage shall have resulted from tenants' misuse, waste or neglect". I will have another conversation with them, with lease in hand. I expect them to pay for damages. If they do, I will replace the door ASAP. If they don't, I will not replace the door until after they move out. I will stay friendly until they are out in 6 months. In this case, my question is, Do I have the right to not offer them a lease renewal and ask them to leave. This is in Indiana.
@@shipdog44, I cannot speak for what Indiana law requires as I am only licensed in Texas. However, I am not aware of any laws that require Landlords to continue to lease to a tenant after their original term has expired. Make sure that you send proper Notice as required in your state to terminate the lease, and you should likely be able to decline a lease renewal with this tenant.
Thank you for all you help. Question, if a handover tenant with out a lease is damaging the property with severe water damage and you give them notice to access the apartment for repairs and the tenant does not consent to you accessing the apartment for repairs due to their non payment of rent. Would you be open to any legal retaliation by the tenant if you access the apartment anyways to access damage in the case the it also has caused danger to neighboring tenant. Thank you very much
Generally speaking, you do not need the permission of your tenant to enter the rental property for the purpose of a repair. However, your local jurisdiction (city or county) may have certain restrictions in place, and your lease may have limitations to entry, like a requirement to give notice. Otherwise, courts should allow you access to your property to complete a repair, especially if your entry is reasonable and peaceful.
@@LandlordAttorney In Ohio, we must give 24 hrs notice, unless it's an emergency. If I give proper notice, but they refuse to let me in, I give notice again, document it, and bring law enforcement with me to enter.
Im in kansas city Missouri my landlord refuses to fix foundation cracks, gaps between wall and floor, sliding glass door doesnt even fit anymore giant crack see outside. Never paid rent late in 6 years rents increased $200 no repairs.
I'm not licensed in Missouri, so I cannot give you legal advice. I would recommend that you seek out a local Landlord/Tenant attorney through your local or state bar association. They can review your written lease and state law for the procedure needed, if any, to get your Landlord to make necessary repairs. There are specific steps that a Tenant in Texas must take to force their Landlord to act and to use the courts to accomplish this. I imagine the same may be true in Missouri. Good luck!
Well you need heat when it’s freezing 🥶 and air conditioner when it’s hot 🥵 and you need a dryer especially during the winter 🥶 months . There’s no since in paying rent when nothing is working plus it’s illegal
Well, if you live in Texas, the general rule is, if you pay your rent, you can send written demands for repairs to your Landlord. However, without payment, you generally cannot make requests for repairs, and the Landlord can now file for Eviction.
@@melodybeitzel5378, I'd suggest getting in contact with a local Landlord/Tenant attorney to ask about your rights in this situation. They should be able to explain what NC law says about your Landlords obligations to respond to your repair requests. Good luck!
@@LandlordAttorney the problem with evicting someone is then you have to replace them and chances are the new tenant is going to complain about the same issues and you're going to be back right where you started. It's better to just fix the problems then be a slumlord and kick someone out. Simply trying to avoid the situation isn't going to do anyone any favors. You speak far too much in lawyer legal terms and less so in actual people speak. Quoting the law doesn't really do anything for anyone.
my water line busted outside of the home I rent & my water had to be completely shut off. I've have now been without water for 5 hours & they wouldn't let me call an emergency plumber to fix it the water was SHOOOTING everywhere thousands of gallons of water. They called a plumber and say they MAY be there in the morning I'll I have to follow up. FLORIDA
Unfortunately, I am not licensed in your state so I would be unable to counsel you on Florida laws. I'd recommend reaching out to a Florida Tenant/Landlord attorney and seek their advice. Best of luck to you.
My air-conditioned broke water all over my carpet it's been 3 days and they aren't fixing it. They are just coming in a using a vacuum to get the water and then it's soaked 10 minutes later.
Except when i called health dept about mice. They took care of mice inside but they never fixed holes where they got in. Cracked foundation, gaps wall floor, feel breeze
I would say the power going out is fairly important. The AC in the summer etc. Trying to downplay it especially to help landlords isn't how we should be going about it. If it's broken, fix it. Don't be a PoS landlord.
The "if it's broken, fix it" policy has two sides though, especially if the tenant was the one who broke it, or if the tenant claims it's broken, but it's not, or if the tenant has not paid rent but now demands a repair. These issues are more complicated than may be apparent at first glance.
@@LandlordAttorney even if the tenant hasn't paid rent you still can't turn off the utilities. It only sounds complicated because you want it to be. I've actually done quite a bit of digging recently and I would probably imagine that I'm mire informed on this stuff than you are now at this point. Between reading the RTA and getting legal advice etc. Your channel isn't actually all that helpful once you're more informed yourself. I mean if you want to get people's landlords to actually be responsible and keep them in line be my guest but if anything in this whole system is hard or essentially impossible without taking legal action it's that. My landlord doesn't do anything because he knows he doesn't have to unless the courts force him to. And because of how flawed the system is he just acts like a clown.
@@ertai222, it sounds like you're in a bad Landlord/Tenant situation. You're right that nonpayment of rent is not generally a basis for cutting off utilities. In fact, I did an entire video on this topic, right here: ua-cam.com/video/E46IfdWE9FQ/v-deo.html However, the focus above was with repair requests. I wish you the best of luck!
Currently going to magistrate with a tenant tomorrow. She withheld rent in the state of Pennsylvania due to repairs. But I sent over contractors to fix and address all of them after telling her they were all fixed she proceeded to bring up another repair on a door that we recently fixed two months ago. I was being nice and not charging her a late fee, but she proceeded to tell me she wouldn’t pay rent so I threatened eviction, she’s still living there for the past two months and hasn’t paid rent either month. Am I in the right?
I have a leaky roof with a large water stain on ceiling and dripping down walls. My landlord canceled my maintance request. I have pictures. She didn't have the decency to have maintance to look at it. What can I do legally in the state of Texas?
If you have a written lease, that lease may explain that you must be current on your rent and that you must send your notice of repair to the landlord in writing. Let them know whether this materially affects your health or safety and give them seven days to complete the repair. If they fail to do this, you can send them 1 more written demand and give them 1 more week, but if they fail again, let them know you will either: A. Terminate the lease and leave at the end of the month since your rent is current; B. Pay for the repair yourself (as long as the cost is less than 1 month of rent) and deduct that amount from the following month's rent; or C. Sue them at the JP Court in a Repair and Remedy lawsuit regarding this repair.
@LandlordAttorney Okay I'm going to try to give them grace. If this matter isn't handle within a week I will be taking legal action. I will contact your firm . Thanks
My section 8 tenet a did an addition to my home. made a third room. I have a condo. My condo was a 2-bedroom one bathroom. She had someone come in and section off my Livingroom making a bedroom downstairs. My insurance was compromised on my home. Although I had renters' insurance secondary to my home insurance, the problem was that this unlicensed unpermitted room would have voided my insurance if something would have happened. She had someone come in and do the work creating the room. I only found out when we had a leak at house and the neighbor called, she did not. So now we see why. she did not want us to fine out. I had to contact attorney. This was the first time we had ever rented. We screened her ran credit check.. Still this happened
@@LandlordAttorney She had been there for 1 year we checked 6moths ago. My lawyer told section 8 that a licensed contractor had to take it down because they drilled studs in the wall and may have compromised wall. They drilled a beam with studs for the boarder wall, my home insurance and association said the same. Also, my lawyer reported it to city they came to inspect. Section 8 called me and said you can hire someone to take down; they called me directly kept asking why a licensed contractor needs to take down. I told them that I did not put it up, and that the tenet can take down but must use a licensed contractor. What is crazy the tenet told section 8 that i told them that they could do illegal room..WTF. why would anyone allow someone they have never known to do an illegal addition in their home. That action compromised my home insurance, association insurance, and neighbors' insurance as our condo are all attached (4 homes) what if they hit a electric cable and started a fire. Section 8 kept calling asking us to take down saying you could pay someone to take down, I said nope. They even asked why you called your insurance. I told them as written to them , the tenet had a leak in the upstairs bathroom, she did not call and tell us, now we know why. The leak was so severe that water drained leaked int garage of my neighbor. The tenet tried to fix the leak and made it worse. He called us. So, we see why she did not want to call us. We called and said you have a leak we will call plumber. We went over to take pics of neighbor's damage that is when we found out about illegal room. My lawyer said section did not want to take responsibility. He said they knew what position she placed me , association and other neighbors. He (lawyer) said when they asked me to pay someone to take down, it would relieve responsibility because they would say oh you did that was caused when you higherd persons to take down., and not by tenet. He (lawyer) told me as for you calling insurance you did right to inform of this occurrence, this is illegal damage to your home. they should have known. What if a fire or expulsion would have happened due to gas or electric output being hit. My insurance stated a contractor has to take down and repair. The tenet can, but we must have the licensed contractor and number on invoice, list of damage and all repaired. She has to repair floor, internal woodwork due to studs in wall from beams, ceiling. The inner wood of walls may be split, so they may have to be built up ; due to beams require large studs and staircase inner wood may have been compromised. My lawyer said that section 8 did not want insurance involved. He said they wanted you to take down, pay for it so section 8 does not have to. He reminded me, insurance companies investigate and sue...lol. that's why they asked why you went to insurance company Well we got her evicted, on grounds that she violated her rental agreement. Unlawful addition without permit. that crazy woman told judge that oh she said I could do this. the judge said this woman and her husband has owned their home for 30 years, did not know you when they rented to you. So, i do not believe that they would let you compromise their home, insurance and being sued by everyone if something happened. Mam this was wrong on so many levels. Section 8 and my insurance settled abt damages with Statefarm. And my home was repaired.
I had a landlord that wouldn’t fix the laminate flooring that was buckling I told her it’s probably from moisture can we get someone in to cut some planks out and see what’s happening under there this was a ground floor apartment. She literally told me we don’t have more of this flooring you may just have to live with it. I almost wanted to say excuse me. There obviously something going on under this floor what hurt would it take to get a contracting crew in here pull a few planks up see if there’s moisture underneath. It’s like pulling teeth with the manager and landlord I got the impression no one wanted to address this warped floor I did my part I showed both the landlord and manager and I got the same feeling they don’t wanna do anything to address it. But I had too keep paying rent.
Does your lease require repair requests to be made in writing? If so, mail a letter to your Landlord and demand repair within 7 days. If you establish a trail of written demands for repairs, you might be able to get the court to order the Landlord to make the repair. Are you in Texas?
I live in a apartment building in Austin Texas. It has two apartments in one building. Although my place is fine they have been building next door for over a year. Pounding drilling music. You name it. I bet I know the answer to this riddle.....There's nothing I can do.
Depends on your lease. If your Landlord is causing a nuisance, you can demand a remedy. You are entitled to quiet enjoyment of your property. Review your lease and send a notice to your Landlord in writing requesting an accommodation of some sort. Perhaps the Landlord is unaware that there is a problem.
That depends on the reason the fan fell, the extent of the tenant's injuries, and whether you are insured. If you have insurance, file a claim. If not, you probably need legal help.
Have a question. We rent an apartment. Have been heee ten years. A massive amount of mold was found in 3 areas of our unit. Landlord denied having a mold toxicity test or air quality test. Had their in house maintenance men “take care” of things. Still have mold on the carpet that hasn’t been fixed. My breathing and asthma issues have subsided since being in a temporary unit. My sons allergies have subsided. We don’t feel that it’s safe to go back. We were told we could move to another unit that is 50 square feet larger. We were told our rent would be increased by $350. Is this legal?
Whether you can be charged more depends on a few factors. Ate you on a current term, or is your lease a month-to-month tenancy? If month-to-month, they can easily terminate it. Otherwise, you might have more leverage. However, once they fully remediate the original unit, your leverage probably evaporates.
Hi Ernie, we are tenants of a small 1 bedroom, 1 bath duplex apartment. When My girlfriend and I moved in, the landlord had mentioned that he had not finished the refurbishing of the apartment and would continue the repairs when he was able. We moved into the apartment during the fall of last year, so as we live in south Texas, the winter was not bad. But now that summer is coming around (actually here early) and the temperature outside is hitting over 100 degrees, the house takes many hours to cool the house below 80 degrees with our 2 window AC units. The Insulation, or the lack thereof, is the biggest problem, which was one the landlord mentioned he was going to do. What can we do to expedite him to get this resolved? We have even offered to find a way to get the work done, but we have not received any response. Please help, as our electric bill has more than doubled.
For the following to work properly, you must be current on your rent. If you have a written lease, please review that, specifically where it discusses requesting repairs. Make sure to inform your Landlord in written form about the problem, stating that the defect in your rental unit affects your the health and safety according to Sec. 92.056 of the Texas Property Code. Send a letter to your Landlord at the address indicated in your Lease (and by the method for notice indicated in your Lease). Request that the matter be taken care of within a week. The Landlord has to take care of it within a reasonable time after being notified. If you need help drafting and/or delivering a Demand Letter to your Landlord, please free to reach out, and I'll be happy to help lawofficeoferniegarcia.as.me/schedule.php
What about when landlord connect light cable to other floor like there. And takes out the small boiler and connects a large one for all three floor and renter paying and there controlling my heat when I rented my place without heat .unheated
When a tree falls do to a storm and falls across the driveway where the tenant can't get out! Is the Landlord responsible for removing the tree or the tenant? Just to complicate the situation the tree has also taken out the power line to the house, so the tenant has no power and can't get out the driveway due to the tree. Who is responsible for tree removal?
Hi. My tenant is suing me for hotel lodging during last years storm in Texas. At the time of the storm I offered him to break the lease at no penalty but he refused because he has 3 dogs. As a courtesy for the damages of the storm, I waived march rent, which was the month the major repairs of the home was done. Fast forward to now, he moved out since his lease was up. And now hes suing me for the hotel stay. There is no mention of landlord responsibility to pay tenant lodging due to repairs. He wants to take me to court. Am I responsible to pay tenant hotel?
Responding to questions about litigation is complicated. You likely need to have your facts reviewed by a Landlord/Tenant attorney in person. Generally speaking, for a Texas lease, the Landlord is not on the hook for hotel accommodations unless the Landlord somehow agreed to this cost. In your case, you waived rent for March. This seems like a reasonable accommodation. The court will see how many days the work took to complete and whether it was even necessary for the tenant to be out of the unit, especially if it was otherwise habitable. Inconvenience does not equal uninhabitable. Good luck. If you have further questions, feel free to reach out lawofficeoferniegarcia.as.me/schedule.php
@@LandlordAttorney I'm not in Tx but a similar thing happened to me. When I waived a tenant's rent, I wrote up a paper that rent waived was in exchange for his costs and inconvenience. I feel that explanation in writing saved me from the risk of additional bills later. It was only 3-4 sentences, but document, document, document!
My apartment came in with a big crack in the middle of the bathtub and there’s mold coming out of plumbing. I sent a maintaince request and they keep dodging me. I moved in three days ago and they still haven’t done anything. Should I go to the court in tomorrow if they don’t.
Are you in Texas? Do you have a written lease that requires all repair notices to be in writing? Do you know whether the maintenance request you sent constitutes a written request under the terms of your lease? Have you waited a reasonable amount of time to allow the landlord to address your request?
I call bs! I've put ALL requests in writing and my rent has been current. I've had the dryer break down and my request ignored (part of my rent includes w/d and I also pay all utilities for my unit) UNTIL the downstairs tenant, LL's relative complain. BTW, said relative has his OWN dryer (I had to complain that he was using MY electric before said dryer was installed) that is not working currently, guess whose dryer he is now using. I've had a leaky faucet and an embedded light fixture that needs repair for over TWO YEARS (I suspect that is "reasonable"). LL bought replacement parts but refuses to install them. The plumbers I have contacted REFUSE to repair because I do not own the home. I suspect the same would happen if I contact an electrician, The LL used COVID as an excuse not to do said repairs (he does everything himself) and refuses to respond to my in-writing requests in writing. I have contacted agencies to get some action and they have closed my cases prematurely. I realize laws vary from state to state and municipalities. however private landlords are getting away with horrible things. NY STATE not NYC
As I am only licensed to practice law in the State of Texas, I am unfamiliar with Eviction procedure in your state, and I am unable to offer you legal advice. I do, however, strongly recommend that you contact a Landlord/Tenant attorney who practices in your jurisdiction to discuss your case with them. Best of luck to you!
My landlord in the state of Wisconsin makes everybody sign a lease stating that they do not promise to repair they do not promise the apartment will be cleaned... Is this legal... When I moved in the place was not cleaned I cleaned it myself and then my stove didn't work so the next day I told him after I moved in my stove and my oven is not working so they were placed the oven but they replaced it with one that's all rusty
What can you do about a running hot water in your bathroom from the tub it's been going on 6.5 years off and on it gotten worse no March 14th and work order been in and it's now 16th days call owners and emailed and took videos
Did you make your repair request in writing? I always suggest doing this in writing. But, if you've had problems like this for 6.5 years, you might need to move off.
What does your written lease say about requesting a repair? Have you made a request in writing, and do you live in Texas? If you live in another state, your Landlord/Tenant laws may be very different from ours.
@@tammydillard2509, but have you made a request in writing that conforms with your lease and state law? Talk to a Landlord/Tenant attorney in your area ASAP.
Can I sue a landlord if they don't deliver what promise before moving in? They promise to have the cabinets painted and changed their mind after I moved in. They say I can move out whenever I want. I am moving out for sure but can I successfully sue them?
@Helene Elong probably can't sue under these facts, especially if your written lease has an "As is" provision and a clause that says something like, "This written agreement constitutes our entire agreement, and no oral representations made outside of this agreement are binding." Statements like these are often regarded as mere bargaining, but the actual agreement is whatever made it into the written terms.
@LandlordAttorney Thank you very much for your advice. One last question. Is the email they sent asking to leave when I want enough, or do they need to provide me a signed release?
....I cant fix this leak,I nearly fell off the ladder trying to seal it with a leak seal spray from the hardware store. The maintience guy gave me the ladder,he only does the mopping and messing with other female tenants in this dorm....(not my business) i dont care. I care about my room pouring down when it rains . And the new landlord only cares about the paper. My rent is always on time....Im tired of going broke with cash trying to repair what the landlord should fix. The leaks have gotten worse ,the new one is headed towards my light fixure. :(
What does your lease say about repairs and repair requests? Do you live in Texas? If so, read Texas Property Code Section 92.056. If not, speak to a Landlord/Tenant attorney in your area for legal advice for your situation.
My friend lived in conroe apartment for 3 yrs ans she was cooking and the glass stove top popped while cooking she turned off the cooker and checked what popped and she found out it was her glass stove top. Is she responsible to pay or its the landlord duty to replace the glass stove top. Thanks
This depends on the reason that the glass top broke. If she (or any other occupant or guest) was using it normally and properly, she was not negligent. Unless the damage stems from misuse or negligence, this is likely on the Landlord.
I live in the same apartment for 5 years and asked landlord to replace carpet and paint the apartment he said no. Do they have to by law or what? Thank you
@Ernie Garcia, Landlord Attorney Sent a text with a picture of 2" of water asking if he could repair it, yes. He came with a commercial blower and plugged it in my room and turned it on and said, there. That should dry it out! 😆
Have you made the demand in writing in accordance with the lease? Thos sounds like a defect that materially affects the health or safety of all tenants. In Texas, you need to send a written demand for this repair. If the Landlord fails to remedy the problem, you might have cause to sue, but it all begins with a written demand for repair.
My commercial land lord doesn't fix the light that illuminate my front entrance and my business pretty much, I sent them pictures and messages to the maintenance guy and nothing, its been 2 months, I sent email to the corporate office and an email straight to the owner and after a month still don't heard anything from them, its been a horrible experience with them it's always a problem after problem with the management even the rest of the tenant are tired of deal with the management ... what should I do? if even sending an email to the owner of the complex but like I said nothing happens
Commercial leases are different from residential leases. Many Commercial landlords shift all or most repair responsibilities to the tenant. What does your lease say about this kind of repair?
I have a hold over from the previous home owner, his brother, who I do not and will never have a rental agreement with. I have never received a penny in rent. So do I have to fix things for someone that was never my tenant?
Was this brother the previous owner's tenant? Was there a lease in place between them, even just an oral agreement, at the time of your purchase? If so, that lease transferred to you at the time of purchase. To evict, you may first need to Terminate whatever month-to-month lease that currently exists. As for repairs, if there is a lease in place, you have the same duties as any Landlord, and the question comes to whether the request is reasonable.
@@LandlordAttorney yes, the previous owner had his brother live in the house. No agreement that I am aware of. When we purchased the home one of the stipulations was that the brother would be gone once we took possession of the house. The brother is still there a year later.
@@keithnguyen7911, 8s this a Property in TX? If so, send a 30-day Notice of Termination. You need to end whatever tenancy agreement he may have had with his brother. Then send a 3-day Notice to Vacate and begin the Eviction process.
What if the tenant never informed the landlord about these repairs being needed and later on claim say they allegedly made them although it was without consent or any agreement and they are withholding rent.
Jessica, does your Lease prohibit Tenants from making the repairs on their own? If so, it may constitute the breach of lease. This blog of mine explains it in more detail: attorneyeg.com/blog/do-your-tenants-know-how-to-request-repairs
@@jessicagomez767, if the Tenant failed to do this, then you may have a valid cause of action against them for violation of the lease. Have you evaluated the quality of the repair? If the repair is of good quality, then you probably have not suffered actual harm. You may want to simply notify the client in writing that any future repairs will require written authorization from you.
@@LandlordAttorney okay thank you very much! I actually wasn’t aware of any of these repairs. Tenant was behind on rent and is trying to repair and deduct.
Hi Erin what if the tenant is on the ERA program (rental assistance) and the AC fails in the rental. The landlord states that if you are delinquent in rent they don't have to do repairs. Now the tenant pays their portion but the out standing portion due is the gov rental portion. Is this legal? When the contract between the landlord lord and the gov states that u can't charge late fees , the payment will be delayed and no eviction proceedings can take place. How does that fall on the tenant? According to the Texas law is that legal. And what temp does the home have to reach before it come harmful to a person health to be considered an emergency? Thank you
If there is an AC problem, the Landlord should act with reasonable diligence. If the Tenant is receiving or has received assistance from a rent relief program, the Landlord will need to waive any defaults for nonpayment. The question that the court considers with a repair is not, "How high did the temperature rise?" The question that the court considers is, "Was it reasonable for the Landlord to delay in making this repair?" If the delay is unreasonable, the court could potentially punish the Landlord. I recommend that Landlord at least investigates the claim and see what is needed to complete the repair.
@@LandlordAttorney Thanks for the reply. I figured that the defaults should be waved. The property manager used that as a threat/ intimidation tactic knowing darn well they signed up for the government program and recieves payments.The home at one point got up to 85+ degrees to 90 inside. Is a reasonable time frame within 7days? When should an attorney be hired if needed?
@@shanshansenlightment4985 7 days may be reasonable. Refer to your lease. If you reside in Texas, has the request been made in writing in accordance with the lease? If so, and if the Landlord has failed to address the repair, then the tenant may have certain rights under Texas Property Code 92.0563. Here is a video on the topic: ua-cam.com/video/nNyF4vyReUY/v-deo.html
@@LandlordAttorney no I mean for landlords like mine that will put you out if you complain about real issues!! They get huge tax breaks. And certain landlords where I live only the giant ones get away with that stuff and they take over the little ones cuz the little ones can't afford to fix stuff that the HUD makes them fix and they cared about their houses! There needs to be a March of poor people living in slums on Washington! That's what I mean maybe you didn't see the thing about Steve kroman. Well I'm a tenant like those I've lived here fifteen years and I asked to have the front porch fixed and he says he's selling the house! whose side are you on? I'm willing to give up my HUD to tell the truth and be homeless
Sounds to me you are all about the landlord.....some tenants actually pay for their rent and deposit to live without water and heat for 4 weeks to get an eviction notice in one month. So that's one more month with no water. Oh sure the landlord is the winner. Hopefully you never have to live like this....gave 14 day notice got eviction notice going to court. I know want her to feel the way me and my family did. All the rent I've paid the deposit I've paid but according to you. The landlord is always right. Good luck.
If this case is in the state of Texas, then the Lanldord is not allowed to retaliate against the Tenant and shut off her utilities without some valid reason. And non-payment of rent is not a valid reason, repair is a valid reason. If you need a repair (in your example, water and heating needed to be fixed), you should send a written demand to yoyur Landlord according to your lease. If the entire place is uninhabitable, a landlord and tenant can mutually agree to terminate the lease. In such a case, deposit should be returned.
@@shannonforoutan, well, there is a legal defense called "laches" that states that if you wait too long before you enforce a right, then you are no longer entitled to that right. Repair demands should be made quickly and should be enforced in accordance with the Lease and state law. Are you a resident of Texas?
What if there are asbestos and possible cancer-causing materials within the realm of the rental space that are exposed to the tenant and the concerns of the tenant are raised due to other tenants getting cancer within the last 10 years or so for example, what steps can a tenant take to have a landlord consider either repairing or removal of such materials that may contain asbestos
Like with any repair, the Tenant should give written notice to the landlord. If there is a dangerous condition, the Landlord should address it appropriately.
I haven’t had heat for 10 months and have given 3 written notices. My water heater was broken for 4 days. My washer was broken for 3 weeks.
My rent has always been current.
If you live in Texas, you need to enforce your rights under Texas Property Code Section 92.056.
@@LandlordAttorney I’m in San Antonio, I filed a repair and remedy suit today without a lawyer and am worried about how I filed it. I am not mentally well from this.
If you have questions regarding this case, feel free to call at (832) 305-7694 or set up a consultation online. We can review your case and guide you through the process lawofficeoferniegarcia.as.me/schedule.php.
I found being a very desirable tenant results in quick repairs no sensible landlord wants to lose a good tenant.
True
AC going out is legally an emergency in Australia
I agree because heat stroke is serious
landlord knew of needed repairs and had no permanent heater source required by city code in residence. lived across street and witness me doing repairs. at signing of lease i was told they would get it ready but never did. not one checkup in over 13 months
Sorry to hear that. Whenever you need a repair, send a written request according to your Lease.
If you currently dont have money to repair something, can waiving the rent be an affirmative defense to a unhabitability issue? Can free rent waive an unhabitability complaint?
When a unit is partially uninhabitable, your duty is to go in and make repairs. When the entire place is uninhabitable due to a casualty event, all you have to do is terminate the lease and return the deposit.
I moved to Austin, Tx. Never had an eviction in my life. Lost a significant job due to the issues from this complex. I was told on move in date that there was a water issue but should be resolved within a few days. Move in date 1/19/2022. No water from. Day 1. The inconvenience of lugging several Gallons of water to my 3rd story apt while juggling 3 jobs at the age of 64 became unbearable. Apts with running water were opened to tenants in the midst of Covid. I finally decided I could disinfect myself. No apt was available when I could use one to get ready for the day. This was going from one building to another, climbing stairs to find all units occupied. I had to bath and wash my clothes at my daughter's house, when it was convenient. I became overwhelmed. I had requested to be released from the contract early in this nightmare and was refused. I finally reached out to the City of Austin Code department as I believe there is much more to this problem than I was informed of before I was offered the apt. To date, I have some water with very low pressure, so hours must go by between each toilet flush. Dirty water is continuously coming up into the sink. I now have a hole on the kitchen and overheard maintenance men stating they do not know the problem. City code requires hot water to reach a temp of 110 degrees; so far, it gets to 90 degrees. No access for cold water. Received text rent would be higher due to water/sewer issues from Nov 2021 to Dec 2021. I was not a tenant during this time, but this confirmed, at least in my own mind, that the problem existed and they were not completely transparent when they rented the apt. With the homelessness that is a con ern o. AUSTIN, TX, it is devastating to see myself as one of the statistics. I will overcome this. I have found a job and will be able to get ack on my feet. But with an eviction hanging over my head that was brought on due to coercion without regard to humanity just sickens me to the core. How is it they hold all the power. It is my understanding that there are still other tenants without sufficient water. Now I have been given a potential eviction and need to pay $1600 by the 28th of this month. It is not possible, and the depression associated with this has its impact on being fully alert as I struggle through to accommodate my abusers. Disgusting
I am sorry you had to go through this.Have you applied for rent relief? There are rent relief programs still available to tenants when a tenant can't pay rent. I hope there is a way to contact your Apartment complex or their attorney to hopefully negotiate this matter. If not, and if you face eviction, I suggest that you contact the Justice Court in Austin for information on assistance for housing available for someone in your physical and economic condition.
What are you thoughts on a landlord neglecting repairs that are affecting the heating of the home, and significantly making energy costs unreasonable for the tenant? It took 4 months and a lot of haggling to get the landlord to get this taken care of- (the rot and insulating issues are still an issue). Holding the landlord accountable for this, and for some reimbursement (that was offered) has resulted in threatening eviction. I have made several repairs which was agreed would credit rent, and now trying to pay me as a contractor which I will be taxed. They are also raising the rent even more (while I have been the one trying to fix it just to stay warm.). It has also affected my ability to focus on my work/business from having to make repairs myself. This is incredibly stressful and textbook slumlording in my opinion! I would love some advice please!
There's a lot going on here. A Landlord, especially in Texas, is bound by law to repair a residential property if there is a defect that materially affects the health and safety of an ordinary tenant. However, once the original term has ended, in Texas, the rent can go as high as the Landlord wants. There is no rent control. As for repairs paid for by the tenant, was the agreement for credit in writing? If not, it might be difficult to enforce such an agreement, especially if the lease is in writing.
How does a person on social security, handle a slumlord landlord who's refusing to fix things that is causing your bills to rise and health factors to increase ... Financially ?
Follow your Lease. If you have a Written lease, it should describe your procedure for making written requests for repairs. If you have followed the procedures in your lease and in state law, your local eviction court may be able to assist you with a low cost option to force your Landlord to complete necessary repairs, which might include covering your legal costs.
I need to send a contractor in 2 of my aparments due to a flood. My tenants refuse to remove their belongs, they are staying elsewhereand left all their stuff. I have refunded their rent. 1 tenant is 3 mths behind in rent.
What does your lease say about repairs and the tenant's obligation to cooperate?
Hi Ernie, thank you for sharing your knowledge and experience. What do you think of the Good Cause Eviction law passed in Albany NY in August 2021?
Not sure. This is the first time I hear of it.
Tell people you only know Americans I thought it would be ok in Australia paid you people for nothing be honest
We never offer consultations from outside the state of Texas. Every state has its own legislation in the US, so, for example, as I am only licensed in the State of Texas, I cannot give legal advice on California laws. In the description to every video of ours, it is written that I represent Clients in Texas courts only.
What about a broken ceiling fan pull chain. I can't turn it off. I have to turn off the breaker and that turns off my whole living room. No internet, tv, lighting when I come home from work and security system. I''m worried a constant running ceiling fan can start a fire. I've been a good tenant for over 6 years. She's always been lazy with waiting and doing cheap fixes.
If this is in Texas, review your Lease, specifically where it discusses requesting repairs, and inform your Landlord in written form about the problem.
I am a new at being a landlord. I have a tenant that had a lead inspection done. It came back positive in the window casing and windiw still in five spots. We contacted the inspector and have hired a lead removal specialists with in 30 days of notice. Chikdren was tested back in October. They was both positive. I do not make lots of money. I saved and bought this one cash. At tge time i bought it i had an inspection done through my GM. I did a 15k renovation through the GM that included a whole house repainting. Then another inspection done by the city to aprove it for rental. After a yr of rental niw we have this. I do what them to have a healthy environment. I always repair everything that she has reported. Infact before this she was reporting need of repairs that was nothing big. But i took care of them because I knew this might be issues with a older house and my first yr learning. Now, she is acting like everything is fine. But i have instructions for videos of before and after.
Good for you. The Landlord is not required to repair everything though. However, it's best to keep good record of all the requests and your responses to those.
You said Texas law at end of video I'm looking for ILLINOIS laws
@@richjennings3601 Feel free to contact your local bar association for information on a local attorney.
Can you explain rent abatement after they determined the property is unfit?
And how do the tenant lawyer determines the rent abatement amount?
Is this case in Texas?
It is in North Carolina.
@hasanbhatti2305 As I am only licensed to practice law in the State of Texas, I am unfamiliar with legal procedure in North Carolina, and I am unable to offer you legal advice. I do, however, strongly recommend that you contact a Landlord/Tenant attorney who practices in your jurisdiction to discuss your case with them. Best of luck to you!
Could you clarify what makes a repair an emergency?
Consider 2 main things: 1. Does the defect on the property pose a material threat to a Tenant's health or safety? 2. Is the potential harm that could result so high that immediate attention is required?
Is air conditioning an emergency if it broke on a 100+ day and there is a toddler and pregnant lady sleeping on the second floor? There’s studies that show excessive heat can result in the harm of younger children and fetuses. Thanks for your time!
If you are a tenant and you remain current with your rent payments, I recommend reviewing your lease and make a written request for repairs according to the Lease. If there is an AC problem, your landlord must act with reasonable diligence.
@@LandlordAttorney if they don’t want to make the changes in a reasonable time and it’s affecting our health, can we use the pay and deduct method?
@topherbopher5350 in Texas? Potentially. You need for notice to be proper, so you may want to consult with an attorney to review your written notices. If you're not in Texas, I wouldn't be able to say.
What if a tenant is in the middle of there one year lease and they causes $1,300 in damage to the garage door that is not repairable. The tenant does not want to pay to replace the door. They think I should let them try to bend the door back so it goes up and down. It would look terrible and brake again. Together, the tenant and I had a garage door company come out to give an estimate and the company said it is not repair able and quoted $1,300. The tenant still does not agree to pay for the door. I offered to pay $300 and let them pay me $1,000 over three months. How do I get them to pay for the door. Example, if their A/C quit, I would have to fix it ASAP and I would. In this case I believe they should pay for their damage ASAP.
First, turn to your lease for a description of the Tenant's duties when it comes to repairs caused by their negligence. Second, if the Tenant is on the hook for the full amount but refuses to pay, you will have to consider whether it makes sense to simply cover the costs yourself or to enforce your lease with the threat of Eviction. I cannot speak for what your lease actually states, but if the damage was caused by the tenant, the tenant is not only liable for the reasonable repair, the tenant generally is not allowed to decide the repair solution on his own, and his unwillingness to pay may be grounds for an Eviction.
@@LandlordAttorney Thanks for your response, I am a new subscriber. My lease states "Tenants shall pay the cost of keeping premises in good order and repair whenever damage shall have resulted from tenants' misuse, waste or neglect". I will have another conversation with them, with lease in hand. I expect them to pay for damages. If they do, I will replace the door ASAP. If they don't, I will not replace the door until after they move out. I will stay friendly until they are out in 6 months. In this case, my question is, Do I have the right to not offer them a lease renewal and ask them to leave. This is in Indiana.
@@shipdog44, I cannot speak for what Indiana law requires as I am only licensed in Texas. However, I am not aware of any laws that require Landlords to continue to lease to a tenant after their original term has expired. Make sure that you send proper Notice as required in your state to terminate the lease, and you should likely be able to decline a lease renewal with this tenant.
@@LandlordAttorney Thank you!
Thanks
You're welcome
See these so called laws help the LL far more than it should. Doing things half assed and considering it reasonable is pretty b******* dude.
Thank you for all you help. Question, if a handover tenant with out a lease is damaging the property with severe water damage and you give them notice to access the apartment for repairs and the tenant does not consent to you accessing the apartment for repairs due to their non payment of rent. Would you be open to any legal retaliation by the tenant if you access the apartment anyways to access damage in the case the it also has caused danger to neighboring tenant. Thank you very much
Generally speaking, you do not need the permission of your tenant to enter the rental property for the purpose of a repair. However, your local jurisdiction (city or county) may have certain restrictions in place, and your lease may have limitations to entry, like a requirement to give notice. Otherwise, courts should allow you access to your property to complete a repair, especially if your entry is reasonable and peaceful.
@@LandlordAttorney In Ohio, we must give 24 hrs notice, unless it's an emergency. If I give proper notice, but they refuse to let me in, I give notice again, document it, and bring law enforcement with me to enter.
@@dangeroreilly2028 Yes. Notice in writing is the key.
Im in kansas city Missouri my landlord refuses to fix foundation cracks, gaps between wall and floor, sliding glass door doesnt even fit anymore giant crack see outside. Never paid rent late in 6 years rents increased $200 no repairs.
I'm not licensed in Missouri, so I cannot give you legal advice. I would recommend that you seek out a local Landlord/Tenant attorney through your local or state bar association. They can review your written lease and state law for the procedure needed, if any, to get your Landlord to make necessary repairs. There are specific steps that a Tenant in Texas must take to force their Landlord to act and to use the courts to accomplish this. I imagine the same may be true in Missouri. Good luck!
Well you need heat when it’s freezing 🥶 and air conditioner when it’s hot 🥵 and you need a dryer especially during the winter 🥶 months . There’s no since in paying rent when nothing is working plus it’s illegal
Well, if you live in Texas, the general rule is, if you pay your rent, you can send written demands for repairs to your Landlord. However, without payment, you generally cannot make requests for repairs, and the Landlord can now file for Eviction.
I don’t live in Texas I Live In North Carolina
@@melodybeitzel5378, I'd suggest getting in contact with a local Landlord/Tenant attorney to ask about your rights in this situation. They should be able to explain what NC law says about your Landlords obligations to respond to your repair requests. Good luck!
@@LandlordAttorney the problem with evicting someone is then you have to replace them and chances are the new tenant is going to complain about the same issues and you're going to be back right where you started. It's better to just fix the problems then be a slumlord and kick someone out. Simply trying to avoid the situation isn't going to do anyone any favors. You speak far too much in lawyer legal terms and less so in actual people speak. Quoting the law doesn't really do anything for anyone.
my water line busted outside of the home I rent & my water had to be completely shut off. I've have now been without water for 5 hours & they wouldn't let me call an emergency plumber to fix it the water was SHOOOTING everywhere thousands of gallons of water. They called a plumber and say they MAY be there in the morning I'll I have to follow up. FLORIDA
Unfortunately, I am not licensed in your state so I would be unable to counsel you on Florida laws. I'd recommend reaching out to a Florida Tenant/Landlord attorney and seek their advice. Best of luck to you.
My air-conditioned broke water all over my carpet it's been 3 days and they aren't fixing it. They are just coming in a using a vacuum to get the water and then it's soaked 10 minutes later.
Multiple written notice.
Except when i called health dept about mice. They took care of mice inside but they never fixed holes where they got in. Cracked foundation, gaps wall floor, feel breeze
Unfortunately, I am not licensed in your state. I would recommend contacting the Missouri Tenant/Landlord Attorney ASAP.
I would say the power going out is fairly important. The AC in the summer etc. Trying to downplay it especially to help landlords isn't how we should be going about it. If it's broken, fix it. Don't be a PoS landlord.
The "if it's broken, fix it" policy has two sides though, especially if the tenant was the one who broke it, or if the tenant claims it's broken, but it's not, or if the tenant has not paid rent but now demands a repair. These issues are more complicated than may be apparent at first glance.
@@LandlordAttorney even if the tenant hasn't paid rent you still can't turn off the utilities. It only sounds complicated because you want it to be. I've actually done quite a bit of digging recently and I would probably imagine that I'm mire informed on this stuff than you are now at this point. Between reading the RTA and getting legal advice etc. Your channel isn't actually all that helpful once you're more informed yourself. I mean if you want to get people's landlords to actually be responsible and keep them in line be my guest but if anything in this whole system is hard or essentially impossible without taking legal action it's that. My landlord doesn't do anything because he knows he doesn't have to unless the courts force him to. And because of how flawed the system is he just acts like a clown.
@@ertai222, it sounds like you're in a bad Landlord/Tenant situation. You're right that nonpayment of rent is not generally a basis for cutting off utilities.
In fact, I did an entire video on this topic, right here: ua-cam.com/video/E46IfdWE9FQ/v-deo.html
However, the focus above was with repair requests. I wish you the best of luck!
Currently going to magistrate with a tenant tomorrow. She withheld rent in the state of Pennsylvania due to repairs. But I sent over contractors to fix and address all of them after telling her they were all fixed she proceeded to bring up another repair on a door that we recently fixed two months ago. I was being nice and not charging her a late fee, but she proceeded to tell me she wouldn’t pay rent so I threatened eviction, she’s still living there for the past two months and hasn’t paid rent either month. Am I in the right?
That depends on how your state treats nonpayment. In Texas, a Tenant cannot withhold rent like this on the basis of a repair.
@@LandlordAttorney update I won! Thank you for the feedback
@@alexfragale619 Congratulations!
I have a leaky roof with a large water stain on ceiling and dripping down walls. My landlord canceled my maintance request. I have pictures. She didn't have the decency to have maintance to look at it. What can I do legally in the state of Texas?
If you have a written lease, that lease may explain that you must be current on your rent and that you must send your notice of repair to the landlord in writing. Let them know whether this materially affects your health or safety and give them seven days to complete the repair. If they fail to do this, you can send them 1 more written demand and give them 1 more week, but if they fail again, let them know you will either: A. Terminate the lease and leave at the end of the month since your rent is current; B. Pay for the repair yourself (as long as the cost is less than 1 month of rent) and deduct that amount from the following month's rent; or C. Sue them at the JP Court in a Repair and Remedy lawsuit regarding this repair.
@LandlordAttorney Okay I'm going to try to give them grace. If this matter isn't handle within a week I will be taking legal action. I will contact your firm . Thanks
@@PrettyDiimples You're welcome. Best of luck to you.
My section 8 tenet a did an addition to my home. made a third room. I have a condo. My condo was a 2-bedroom one bathroom. She had someone come in and section off my Livingroom making a bedroom downstairs. My insurance was compromised on my home. Although I had renters' insurance secondary to my home insurance, the problem was that this unlicensed unpermitted room would have voided my insurance if something would have happened. She had someone come in and do the work creating the room. I only found out when we had a leak at house and the neighbor called, she did not. So now we see why. she did not want us to fine out. I had to contact attorney. This was the first time we had ever rented. We screened her ran credit check.. Still this happened
Here's an example of a quiet tenant with something to hide. This is why routine inspections are necessary.
@@LandlordAttorney She had been there for 1 year we checked 6moths ago. My lawyer told section 8 that a licensed contractor had to take it down because they drilled studs in the wall and may have compromised wall. They drilled a beam with studs for the boarder wall, my home insurance and association said the same. Also, my lawyer reported it to city they came to inspect. Section 8 called me and said you can hire someone to take down; they called me directly kept asking why a licensed contractor needs to take down. I told them that I did not put it up, and that the tenet can take down but must use a licensed contractor. What is crazy the tenet told section 8
that i told them that they could do illegal room..WTF. why would anyone allow someone they have never known to do an illegal addition in their home. That action compromised my home insurance, association insurance, and neighbors' insurance as our condo are all attached (4 homes) what if they hit a electric cable and started a fire.
Section 8 kept calling asking us to take down saying you could pay someone to take down, I said nope. They even asked why you called your insurance. I told them as written to them , the tenet had a leak in the upstairs bathroom, she did not call and tell us, now we know why. The leak was so severe that water drained leaked int garage of my neighbor. The tenet tried to fix the leak and made it worse. He called us. So, we see why she did not want to call us. We called and said you have a leak we will call plumber. We went over to take pics of neighbor's damage that is when we found out about illegal room. My lawyer said section did not want to take responsibility. He said they knew what position she placed me , association and other neighbors. He (lawyer) said when they asked me to pay someone to take down, it would relieve responsibility because they would say oh you did that was caused when you higherd persons to take down., and not by tenet.
He (lawyer) told me as for you calling insurance you did right to inform of this occurrence, this is illegal damage to your home. they should have known. What if a fire or expulsion would have happened due to gas or electric output being hit. My insurance stated a contractor has to take down and repair. The tenet can, but we must have the licensed contractor and number on invoice, list of damage and all repaired. She has to repair floor, internal woodwork due to studs in wall from beams, ceiling. The inner wood of walls may be split, so they may have to be built up ; due to beams require large studs and staircase inner wood may have been compromised. My lawyer said that section 8 did not want insurance involved. He said they wanted you to take down, pay for it so section 8 does not have to. He reminded me, insurance companies investigate and sue...lol. that's why they asked why you went to insurance company
Well we got her evicted, on grounds that she violated her rental agreement. Unlawful addition without permit. that crazy woman told judge that oh she said I could do this. the judge said this woman and her husband has owned their home for 30 years, did not know you when they rented to you. So, i do not believe that they would let you compromise their home, insurance and being sued by everyone if something happened. Mam this was wrong on so many levels.
Section 8 and my insurance settled abt damages with Statefarm. And my home was repaired.
@@sierria64, I'm glad to hear that this eventually worked out. Thanks for sharing.
I had a landlord that wouldn’t fix the laminate flooring that was buckling I told her it’s probably from moisture can we get someone in to cut some planks out and see what’s happening under there this was a ground floor apartment. She literally told me we don’t have more of this flooring you may just have to live with it. I almost wanted to say excuse me. There obviously something going on under this floor what hurt would it take to get a contracting crew in here pull a few planks up see if there’s moisture underneath. It’s like pulling teeth with the manager and landlord I got the impression no one wanted to address this warped floor I did my part I showed both the landlord and manager and I got the same feeling they don’t wanna do anything to address it. But I had too keep paying rent.
Does your lease require repair requests to be made in writing? If so, mail a letter to your Landlord and demand repair within 7 days. If you establish a trail of written demands for repairs, you might be able to get the court to order the Landlord to make the repair. Are you in Texas?
I live in a apartment building in Austin Texas. It has two apartments in one building. Although my place is fine they have been building next door for over a year. Pounding drilling music. You name it. I bet I know the answer to this riddle.....There's nothing I can do.
Depends on your lease. If your Landlord is causing a nuisance, you can demand a remedy. You are entitled to quiet enjoyment of your property. Review your lease and send a notice to your Landlord in writing requesting an accommodation of some sort. Perhaps the Landlord is unaware that there is a problem.
How much can I get sued for from tenant if ceiling feel on her neck? Can they take my home away? Can they sue me for lots of money?
That depends on the reason the fan fell, the extent of the tenant's injuries, and whether you are insured. If you have insurance, file a claim. If not, you probably need legal help.
Have a question. We rent an apartment. Have been heee ten years. A massive amount of mold was found in 3 areas of our unit. Landlord denied having a mold toxicity test or air quality test. Had their in house maintenance men “take care” of things. Still have mold on the carpet that hasn’t been fixed. My breathing and asthma issues have subsided since being in a temporary unit. My sons allergies have subsided. We don’t feel that it’s safe to go back. We were told we could move to another unit that is 50 square feet larger. We were told our rent would be increased by $350. Is this legal?
Whether you can be charged more depends on a few factors. Ate you on a current term, or is your lease a month-to-month tenancy? If month-to-month, they can easily terminate it. Otherwise, you might have more leverage. However, once they fully remediate the original unit, your leverage probably evaporates.
Hi Ernie, we are tenants of a small 1 bedroom, 1 bath duplex apartment. When My girlfriend and I moved in, the landlord had mentioned that he had not finished the refurbishing of the apartment and would continue the repairs when he was able. We moved into the apartment during the fall of last year, so as we live in south Texas, the winter was not bad. But now that summer is coming around (actually here early) and the temperature outside is hitting over 100 degrees, the house takes many hours to cool the house below 80 degrees with our 2 window AC units. The Insulation, or the lack thereof, is the biggest problem, which was one the landlord mentioned he was going to do. What can we do to expedite him to get this resolved? We have even offered to find a way to get the work done, but we have not received any response. Please help, as our electric bill has more than doubled.
For the following to work properly, you must be current on your rent.
If you have a written lease, please review that, specifically where it discusses requesting repairs. Make sure to inform your Landlord in written form about the problem, stating that the defect in your rental unit affects your the health and safety according to Sec. 92.056 of the Texas Property Code.
Send a letter to your Landlord at the address indicated in your Lease (and by the method for notice indicated in your Lease). Request that the matter be taken care of within a week. The Landlord has to take care of it within a reasonable time after being notified. If you need help drafting and/or delivering a Demand Letter to your Landlord, please free to reach out, and I'll be happy to help lawofficeoferniegarcia.as.me/schedule.php
@@LandlordAttorney Thank you, I will do this as soon as possible.
Live and learn south Texas is infamous for the oh hold on let me eat my taco first.
What about when landlord connect light cable to other floor like there. And takes out the small boiler and connects a large one for all three floor and renter paying and there controlling my heat when I rented my place without heat .unheated
Mary, is this property in Texas? Are utilities on Tenant's name?
When a tree falls do to a storm and falls across the driveway where the tenant can't get out! Is the Landlord responsible for removing the tree or the tenant? Just to complicate the situation the tree has also taken out the power line to the house, so the tenant has no power and can't get out the driveway due to the tree. Who is responsible for tree removal?
Yes, this is on the Landlord. Unless the tenant is responsible for the tree having fallen there, this is definitely a Landlord issue.
Hi. My tenant is suing me for hotel lodging during last years storm in Texas. At the time of the storm I offered him to break the lease at no penalty but he refused because he has 3 dogs. As a courtesy for the damages of the storm, I waived march rent, which was the month the major repairs of the home was done. Fast forward to now, he moved out since his lease was up. And now hes suing me for the hotel stay. There is no mention of landlord responsibility to pay tenant lodging due to repairs. He wants to take me to court. Am I responsible to pay tenant hotel?
Responding to questions about litigation is complicated. You likely need to have your facts reviewed by a Landlord/Tenant attorney in person. Generally speaking, for a Texas lease, the Landlord is not on the hook for hotel accommodations unless the Landlord somehow agreed to this cost. In your case, you waived rent for March. This seems like a reasonable accommodation. The court will see how many days the work took to complete and whether it was even necessary for the tenant to be out of the unit, especially if it was otherwise habitable. Inconvenience does not equal uninhabitable. Good luck. If you have further questions, feel free to reach out lawofficeoferniegarcia.as.me/schedule.php
@@LandlordAttorney I'm not in Tx but a similar thing happened to me. When I waived a tenant's rent, I wrote up a paper that rent waived was in exchange for his costs and inconvenience. I feel that explanation in writing saved me from the risk of additional bills later. It was only 3-4 sentences, but document, document, document!
@@dangeroreilly2028 agree
My apartment came in with a big crack in the middle of the bathtub and there’s mold coming out of plumbing. I sent a maintaince request and they keep dodging me. I moved in three days ago and they still haven’t done anything. Should I go to the court in tomorrow if they don’t.
Are you in Texas? Do you have a written lease that requires all repair notices to be in writing? Do you know whether the maintenance request you sent constitutes a written request under the terms of your lease? Have you waited a reasonable amount of time to allow the landlord to address your request?
I call bs!
I've put ALL requests in writing and my rent has been current.
I've had the dryer break down and my request ignored (part of my rent includes w/d and I also pay all utilities for my unit) UNTIL the downstairs tenant, LL's relative complain. BTW, said relative has his OWN dryer (I had to complain that he was using MY electric before said dryer was installed) that is not working currently, guess whose dryer he is now using.
I've had a leaky faucet and an embedded light fixture that needs repair for over TWO YEARS (I suspect that is "reasonable").
LL bought replacement parts but refuses to install them. The plumbers I have contacted REFUSE to repair because I do not own the home. I suspect the same would happen if I contact an electrician,
The LL used COVID as an excuse not to do said repairs (he does everything himself) and refuses to respond to my in-writing requests in writing.
I have contacted agencies to get some action and they have closed my cases prematurely. I realize laws vary from state to state and municipalities. however private landlords are getting away with horrible things. NY STATE not NYC
As I am only licensed to practice law in the State of Texas, I am unfamiliar with Eviction procedure in your state, and I am unable to offer you legal advice. I do, however, strongly recommend that you contact a Landlord/Tenant attorney who practices in your jurisdiction to discuss your case with them. Best of luck to you!
My landlord in the state of Wisconsin makes everybody sign a lease stating that they do not promise to repair they do not promise the apartment will be cleaned... Is this legal... When I moved in the place was not cleaned I cleaned it myself and then my stove didn't work so the next day I told him after I moved in my stove and my oven is not working so they were placed the oven but they replaced it with one that's all rusty
Your best option would be to reach to a Landlord/Tenant attorney in your state. Best of luck to you.
That's illegal. Landlords don't get to say no.
What can you do about a running hot water in your bathroom from the tub it's been going on 6.5 years off and on it gotten worse no March 14th and work order been in and it's now 16th days call owners and emailed and took videos
Did you make your repair request in writing? I always suggest doing this in writing. But, if you've had problems like this for 6.5 years, you might need to move off.
It rain in my house the landlord and owner knows and my house is full of mold my roof needs fixing all over my house
What does your written lease say about requesting a repair? Have you made a request in writing, and do you live in Texas? If you live in another state, your Landlord/Tenant laws may be very different from ours.
@@LandlordAttorney I’m in Memphis yes they know I have told them still no one will fixing anything
@@tammydillard2509, but have you made a request in writing that conforms with your lease and state law? Talk to a Landlord/Tenant attorney in your area ASAP.
Can I sue a landlord if they don't deliver what promise before moving in?
They promise to have the cabinets painted and changed their mind after I moved in.
They say I can move out whenever I want.
I am moving out for sure but can I successfully sue them?
Was that promise in the lease or in some written form?
No, it wasn't. But I told her that it was important to me. If she had told me that they they were not going to fix it, I wouldn't have moved in.
@Helene Elong probably can't sue under these facts, especially if your written lease has an "As is" provision and a clause that says something like, "This written agreement constitutes our entire agreement, and no oral representations made outside of this agreement are binding." Statements like these are often regarded as mere bargaining, but the actual agreement is whatever made it into the written terms.
@LandlordAttorney
Thank you very much for your advice.
One last question. Is the email they sent asking to leave when I want enough, or do they need to provide me a signed release?
In Texas, a Notice to Vacate cannot be sent via email.
....I cant fix this leak,I nearly fell off the ladder trying to seal it with a leak seal spray from the hardware store. The maintience guy gave me the ladder,he only does the mopping and messing with other female tenants in this dorm....(not my business) i dont care. I care about my room pouring down when it rains . And the new landlord only cares about the paper. My rent is always on time....Im tired of going broke with cash trying to repair what the landlord should fix. The leaks have gotten worse ,the new one is headed towards my light fixure. :(
What does your lease say about repairs and repair requests? Do you live in Texas? If so, read Texas Property Code Section 92.056. If not, speak to a Landlord/Tenant attorney in your area for legal advice for your situation.
My friend lived in conroe apartment for 3 yrs ans she was cooking and the glass stove top popped while cooking she turned off the cooker and checked what popped and she found out it was her glass stove top. Is she responsible to pay or its the landlord duty to replace the glass stove top. Thanks
This depends on the reason that the glass top broke. If she (or any other occupant or guest) was using it normally and properly, she was not negligent. Unless the damage stems from misuse or negligence, this is likely on the Landlord.
I live in the same apartment for 5 years and asked landlord to replace carpet and paint the apartment he said no. Do they have to by law or what? Thank you
Probably not. Cosmetic repairs are generally not required by law.
I looked this up because I have a leaky roof, it's been a year. Hmm
Have you sent written notice demanding the repair from your Landlord?
@Ernie Garcia, Landlord Attorney Sent a text with a picture of 2" of water asking if he could repair it, yes. He came with a commercial blower and plugged it in my room and turned it on and said, there. That should dry it out! 😆
@@rollinstolen7214, is text communication an approved method of written notice in accordance with your lease and/or your jurisdiction?
I’ve been asking the landlord to fix the back deck 4 months then my son fell off 18 feet on a slab of concrete he’s ok but he could have died
Have you made the demand in writing in accordance with the lease? Thos sounds like a defect that materially affects the health or safety of all tenants. In Texas, you need to send a written demand for this repair. If the Landlord fails to remedy the problem, you might have cause to sue, but it all begins with a written demand for repair.
My commercial land lord doesn't fix the light that illuminate my front entrance and my business pretty much, I sent them pictures and messages to the maintenance guy and nothing, its been 2 months, I sent email to the corporate office and an email straight to the owner and after a month still don't heard anything from them, its been a horrible experience with them it's always a problem after problem with the management even the rest of the tenant are tired of deal with the management ... what should I do? if even sending an email to the owner of the complex but like I said nothing happens
Commercial leases are different from residential leases. Many Commercial landlords shift all or most repair responsibilities to the tenant. What does your lease say about this kind of repair?
On the lease says all exterior and also ballast and light replacement are on the landlord side
I have a hold over from the previous home owner, his brother, who I do not and will never have a rental agreement with. I have never received a penny in rent. So do I have to fix things for someone that was never my tenant?
Was this brother the previous owner's tenant? Was there a lease in place between them, even just an oral agreement, at the time of your purchase? If so, that lease transferred to you at the time of purchase. To evict, you may first need to Terminate whatever month-to-month lease that currently exists. As for repairs, if there is a lease in place, you have the same duties as any Landlord, and the question comes to whether the request is reasonable.
@@LandlordAttorney yes, the previous owner had his brother live in the house. No agreement that I am aware of. When we purchased the home one of the stipulations was that the brother would be gone once we took possession of the house. The brother is still there a year later.
@@keithnguyen7911, 8s this a Property in TX? If so, send a 30-day Notice of Termination. You need to end whatever tenancy agreement he may have had with his brother. Then send a 3-day Notice to Vacate and begin the Eviction process.
What if the tenant never informed the landlord about these repairs being needed and later on claim say they allegedly made them although it was without consent or any agreement and they are withholding rent.
Jessica, does your Lease prohibit Tenants from making the repairs on their own? If so, it may constitute the breach of lease. This blog of mine explains it in more detail: attorneyeg.com/blog/do-your-tenants-know-how-to-request-repairs
@@LandlordAttorney it states i need to be given written notice about any repair request.
@@jessicagomez767, if the Tenant failed to do this, then you may have a valid cause of action against them for violation of the lease. Have you evaluated the quality of the repair? If the repair is of good quality, then you probably have not suffered actual harm. You may want to simply notify the client in writing that any future repairs will require written authorization from you.
@@LandlordAttorney okay thank you very much! I actually wasn’t aware of any of these repairs. Tenant was behind on rent and is trying to repair and deduct.
Hi Erin what if the tenant is on the ERA program (rental assistance) and the AC fails in the rental. The landlord states that if you are delinquent in rent they don't have to do repairs. Now the tenant pays their portion but the out standing portion due is the gov rental portion. Is this legal? When the contract between the landlord lord and the gov states that u can't charge late fees , the payment will be delayed and no eviction proceedings can take place.
How does that fall on the tenant? According to the Texas law is that legal. And what temp does the home have to reach before it come harmful to a person health to be considered an emergency?
Thank you
If there is an AC problem, the Landlord should act with reasonable diligence. If the Tenant is receiving or has received assistance from a rent relief program, the Landlord will need to waive any defaults for nonpayment. The question that the court considers with a repair is not, "How high did the temperature rise?" The question that the court considers is, "Was it reasonable for the Landlord to delay in making this repair?" If the delay is unreasonable, the court could potentially punish the Landlord. I recommend that Landlord at least investigates the claim and see what is needed to complete the repair.
@@LandlordAttorney
Thanks for the reply. I figured that the defaults should be waved. The property manager used that as a threat/ intimidation tactic knowing darn well they signed up for the government program and recieves payments.The home at one point got up to 85+ degrees to 90 inside. Is a reasonable time frame within 7days? When should an attorney be hired if needed?
@@shanshansenlightment4985 7 days may be reasonable. Refer to your lease. If you reside in Texas, has the request been made in writing in accordance with the lease? If so, and if the Landlord has failed to address the repair, then the tenant may have certain rights under Texas Property Code 92.0563. Here is a video on the topic: ua-cam.com/video/nNyF4vyReUY/v-deo.html
@@LandlordAttorney
A request has been made in writing already. Just waiting on the timely repair. 😣.
Is this about New York metro area ?
This is based on Texas law.
They should start doing tomorrow landlords what they did to Stephen kroman Rikers Island have a special place for all of them
You mean jail for all Landlords? How would tenants ever get a lease?
@@LandlordAttorney no I mean for landlords like mine that will put you out if you complain about real issues!! They get huge tax breaks. And certain landlords where I live only the giant ones get away with that stuff and they take over the little ones cuz the little ones can't afford to fix stuff that the HUD makes them fix and they cared about their houses! There needs to be a March of poor people living in slums on Washington! That's what I mean maybe you didn't see the thing about Steve kroman. Well I'm a tenant like those I've lived here fifteen years and I asked to have the front porch fixed and he says he's selling the house! whose side are you on? I'm willing to give up my HUD to tell the truth and be homeless
Sounds to me you are all about the landlord.....some tenants actually pay for their rent and deposit to live without water and heat for 4 weeks to get an eviction notice in one month. So that's one more month with no water. Oh sure the landlord is the winner. Hopefully you never have to live like this....gave 14 day notice got eviction notice going to court. I know want her to feel the way me and my family did. All the rent I've paid the deposit I've paid but according to you. The landlord is always right. Good luck.
If this case is in the state of Texas, then the Lanldord is not allowed to retaliate against the Tenant and shut off her utilities without some valid reason. And non-payment of rent is not a valid reason, repair is a valid reason. If you need a repair (in your example, water and heating needed to be fixed), you should send a written demand to yoyur Landlord according to your lease. If the entire place is uninhabitable, a landlord and tenant can mutually agree to terminate the lease. In such a case, deposit should be returned.
What if it's been a decade?
You mean there's been a pending repair request for multiple years?
@@LandlordAttorney yes
@@shannonforoutan, well, there is a legal defense called "laches" that states that if you wait too long before you enforce a right, then you are no longer entitled to that right. Repair demands should be made quickly and should be enforced in accordance with the Lease and state law. Are you a resident of Texas?
@@LandlordAttorney California
@@shannonforoutan, I'd recommend seeking out a Tenant attorney in CA to see what legal remedies you may still have. Good luck.
What if there are asbestos and possible cancer-causing materials within the realm of the rental space that are exposed to the tenant and the concerns of the tenant are raised due to other tenants getting cancer within the last 10 years or so for example, what steps can a tenant take to have a landlord consider either repairing or removal of such materials that may contain asbestos
Like with any repair, the Tenant should give written notice to the landlord. If there is a dangerous condition, the Landlord should address it appropriately.