Legal Question in Landlord & Tenant Law in Texas

Black Mold

I have black mold in the house that i'm renting. I need to move soon. I have only paid some of the rent for this month and don't want to pay anymore because of the mold. My landlord said that he would get a 3 day notice for me to get out, can something be done about this?


Asked on 9/24/07, 12:18 pm

1 Answer from Attorneys

Sharon Campbell Sharon K. Campbell

Re: Black Mold

There is no legal justification for withholding payment of rent. Pay the rent. If the landlord files an eviction, you will lose. Your obligation to pay rent is separate and independent from the landlord's responsibility to make repairs. The remedies available to you in the property code don't apply unless you are current in the payment of rent. So, pay the rent and then send a letter to the landlord, certified mail, requesting repairs. If you have a City Code Enforcement Office where you live, you might call them, too. Under the property code, 7 days is considered to be a reasonable time for repairs to be made. IF the landlord takes no action within 7 days from his receipt of your letter, you have other options, sue for damages or terminate the lease.

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Answered on 9/24/07, 3:18 pm


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