Tenant rights and safety.

Tenant rights on maintenance and can they deny future leases? (TEXAS)?

  • I just moved into an apartment complex and I am having ALOT of problems with maintenance. There were safety related issues (my sliding glass door didn't lock for example) that were left undone for 3 weeks. It was only after I threatened to have Prepaid Legal get involved that they made the effort. They will respond for mechanical issues but if something is cosmetic, they will stall and lie and try to avoid doing the job. Case in point, a driver drove his car through the wall in our parking lot and they decided to keep the insurance money and never fix it - they just put up plywood board to cover the hole. Now, FYI, this is an above-market-rent complex, not low-income or even middle. Its pricey. So, my question is - what rights does a tenant have to have maintenace repair cosmetic items in the apartment? Do I have the right to expect that loose baseboards, cracks in the ceiling, etc. would get fixed in a timely manner? Also, I am managing to get them to respond to me by threatening legal action, etc. But, when my lease is up can they retaliate by forcing me to move when my lease is up to avoid dealing with my requests? Thanks.

  • Answer:

    I don't know a lot about individual cities in Texas, but I know someone in Houston who has had the same issues. They promise one thing and deliver another. My friend in Houston found that she had better results by renting a house. You still have the challenges of owners not fixing things right away, but you can only really change that when you own your own home. Some owners will allow you to fix things and take that out of your rent, but not all will do that, either. If leasing and renting are the only way you want to go, ask around at individual complexes as how things go there. But be prepared to fork out big money.

Esmerald... at Yahoo! Answers Visit the source

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Other answers

You have NO legal basis here, regardless of the amount of rents you pay. Your complex is ONLY required to keep your individual living unit in conditions 'fit for human habitation'. The issues you mention are not even close to having your unit declared uninhabitable. "Cosmetic conditions" do NOT affect habitability. Sorry, but that's the way the laws read. If you are horribly displeased, I can only suggest that you find a complex which pays more attention to what you want.

acermill

They don't have to fix cosmetic issues. The unit must only be habitable, and cosmetic issues don't lend to habitability. "Case in point, a driver drove his car through the wall in our parking lot and they decided to keep the insurance money and never fix it " - they don't have to "So, my question is - what rights does a tenant have to have maintenace repair cosmetic items in the apartment?" - none whatsoever. "But, when my lease is up can they retaliate by forcing me to move when my lease is up to avoid dealing with my requests? " - Yes. They are under no obligation to renew your lease.

Pascal the Gambler

Wow, you are picky. Why don't you buy a hammer and nails and fix the baseboards yourself. Minor cracks? Why don't you buy some paint and paint over the cracks yourself. What else do you have to complain about? The front doorknob has a dull finish??? Buy some Brasso and shine it yourself. Door hinges squeak? Buy some oil and lubricate the hinges yourself. Quit acting like a girl. Unless you live in a rent-controlled city, the landlord is under no obligation to renew your lease. And, I would be very surprised if ANY city in Rick Perry land has rent control.

Mr Placid

"Do I have the right to expect that loose baseboards, cracks in the ceiling, etc. would get fixed in a timely manner?" No they are not legally required to do anything about those at all. No landlord is ever legally required to fix cosmetic issues. They are ONLY legally required to fix any health or safety issues. The door not locking is the ONLY thing you listed they were required to do anything about. Paying for an expensive apartment does not change the laws. "when my lease is up can they retaliate by forcing me to move when my lease is up to avoid dealing with my requests" Basically yes. No landlord EVER is legally required to renew your lease. You have no guarantee to live there past the date your current lease expires. It is perfectly legal for a landlord not to renew your lease & they do NOT have to give you reason. Not renewing the lease is NOT the same as an eviction. I would expect your lease not to get renewed after pestering them about things they are not required to fix. You had no right to threaten legal action on those matters. You seem to have some entitlement issues & really should learn the laws before you threaten yourself homeless. EDIT: "good common sense and customer service isn't required too" Yes it should be but no it is not legally required. It is unfortunate that some property managers do not act in a professional manner but they are not breaking any laws & there is really nothing you can d about it. I'm sorry but luxury apartments have the same rules as the lowest slum. No landlord is ever legally required to provide customer service or to fix cosmetic issues no matter if the unit was in Trump towers. Yes the luxury places should have a higher level of service but the fact is they are simply not legally required to.

Wildcat

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