Legal Question in Landlord & Tenant Law in Texas

I have given my apartments written notice of many DANGEROUS problems in my unit, and my children and I are both injured as well as sick due to negligence of landlord. (Pics. of injuries and damages, documentation of requests). My unit is unlivable! I have withheld rent for the month due to having to pay for this, (one of these variables causing illness is a severe mold problem that Landlord has been made aware of). They are threatening to evict me if I do not pay them $1183 (rent and late fees, rent=$890), claiming that they feel they have taken care of the problems I requested fixed in a timely manner! Help!


Asked on 7/15/11, 7:35 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

You need to move out NOW and sue these guys for breach of the implied warranty of habitability. Yes, they can evict you; the Property Code doesn't allow you to withhold rent and still continue to live there.

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Answered on 7/17/11, 8:30 am


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