Legal Question in Landlord & Tenant Law in Texas
Landlord Sued For Eviction-Landlord In Default
Landlord has sued for eviction(nonpayment rent, etc.) Landlord is in default re: smoke detectors, repairs, mold, dead bolt lock/door viewers req. by law. Have submitted in writing several times. Law says can terminate lease and sue for 1 mo. rent + $500.00. do i need to file suit or ask for damages in my answer? What else? landlord has not given proper notice-im thinking landlord retaliation! I have withheld rent for 2 weeks, but have been late in the past.
1 Answer from Attorneys
Re: Landlord Sued For Eviction-Landlord In Default
No counterclaims are permitted in evictions. There is no legal justification for withholding payment of rent in the State of Texas. In order to bring claims for the violations you mentioned, a pre-requisite is that you are current in the payment of your rent. You cannot bring suit on those claims if you are not current in payment of rent. Those claims must be brought in a separate lawsuit.
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