Legal Question in Landlord & Tenant Law in Texas

In my lease it clearly states that the lessor has a zero tolerance policy on illegal substances being used in the apartment. I live in a college housing type apartment where each room has its own lease and each person is only responsible for their rent no one else's. One of my roommates and i have called the police numerous times about marijauna use in our apartment and they haven't been able to do anything about it. On the 14th of this month they were called again, this time i went and got the leasing manager and she came over to the apartment and said that the apartment common area smelled like marijuana. she calls the courtesy officer to come over and he even writes a report saying that the it smells of weed in the apartment. what can i do legally since all the person got was a note from the apartment complex stating that if his activity continues he will be evicted. now it has caused an awkward situation in my living environment as well.


Asked on 2/27/12, 8:26 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

It appears obvious that your landlord's tolerance exceeds zero.

In other words, the landlord wants people to THINK that his policy is "zero tolerance," but what he really wants it lots and lots of tenants paying him rent every month. Any tenant that he evicts under his "zero tolerance" policy is one less paying renter.

In other words, he's a hypocrite.

Your remedy is to leave. He has breached his contract - he made a representation, you relied on it, and the representation was false.

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Answered on 2/29/12, 8:24 am


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