Legal Question in Landlord & Tenant Law in Texas

Bryce Nickels

I have lived in my apartment for 2 months. Upon moving in, on the 2nd day, the above apt. water heater leaked onto our balcony. I reported, and they claimed to repair and were coming back to dry it up. Since, the water heater has leaked again, causing major interior damage and soaking all the dry wall. This was immediately reported and the water heater was shut off. The water was left to air dry, and has grown into a huge area of black mold (15+ sq ft.). The manager said she would see if she had any apts. available for us to transfer and would let me first thing Monday morning. They never contacted me about transferring and they did not come back on the promised date to finish the repair work or do anything about the mold. I have contacted them once in person since, and said they would make the repair immediately that day. It has been 1 week, the mold is out of control, I have been to the hospital and cannot live in this apartment any longer, as it is the source of my illness.


Asked on 3/31/07, 2:02 am

2 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Re: Bryce Nickels

You health is more important than the law. Find another place to live and move there. Make sure you don't carry any mold with you. While you are looking, contact the landlord (in writing and orally) to find out if they ever looked, as promised, and found another apartment for you to live in. Before you move, review your apartment lease, or have an attorney do so. If this goes to court later on, you want to have made all resonable efforts to comply with the lease.

It is important that you provide your landlord with written notice that you are vacating and explain why. Take pictures of the mold. Send copies to the landlord and keep copies.

Your landlord has an obligation to furnish you with a habitable place to live. It is unlkely that you will be sued for breaching of lease since you have a claim against the landlord for damages from their failure to make repairs.

If your illness is not cured, you may want to pursue a claim against the landlord for personal injury. You need to have a personal injury attorney evaluate your case. It is important that you have good records (remember those photographs). Bring your apartment lease as well as copies of your medical bills and documentation of related expenses.

If you wish to discuss this with me further, email me and I will be happy to review your case.

Read more
Answered on 3/31/07, 8:35 am
Sharon Campbell Sharon K. Campbell

Re: Bryce Nickels

First, you must make the request for repairs in writing. Send it certified mail, return receipt requested. 7 days is considered to be a reasonable time to make repairs. If they do not make them within 7 days, you have the right to terminate the lease.

Read more
Answered on 4/01/07, 9:33 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Texas