Legal Question in Landlord & Tenant Law in Texas

Mold then came Eviction

A week before Thanksgiving it flooded here.A week later I moved my couch and the wall was covered with mold.I sent my landlord a cert.letter he has yet to pick it up.And I was a few days late getting my rent in {because my daughter and myself had to go to the doc because of the mold it's in the air vents too.The doc said it is from the mold}and he sent me eviction papers.It said on the papers I broke the lease by note paying on time.What I need to no is can he do this and can I get a attorney {And what kind} to have him pay for the med bills.

Come to find out this place is a flood zone and he never told me before I moved in.The lady next door told me.

Thank you for your time.


Asked on 1/09/05, 1:16 am

1 Answer from Attorneys
Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: Mold then came Eviction

Sounds like you do need an attorney--one who deals with landlord/tenant law. Your landlord is not required to tell you that the complex is in a flood zone. That is public information which can be obtained for the Army Corps of Engineers. Your medical condition also does not excuse your paying of the rent, but the landlord does have a duty to provide you with a habital environment and should remediate the mold condition as soon as possible. If the landlord fails or refuses to cure the mold condition within a reasonable amount of time, you may then have grounds to break the lease. Again, you need an attorney to help you address these issues and represent you in court on the eviction proceedings.

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Answered on 1/10/05, 10:45 am


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