Legal Question in Landlord & Tenant Law in Texas

Smoky neighbors

I have been living in my apartment for two years (the lease ends on July 31).Last month, a new family moved in upstairs, and to my surprise, my apartment started smelling like a nightclub.I suffer from severe asthma and allergies. The smoke is adversely affecting my health - I have a doctor's note to prove it.I have made two complaints to my manager, to which she replies: ''there's nothing we can do.'' They also claim that the problem I describe is not possible, that the units are in no way connected... all I know is that I can't breath in my own home.

Why am I being subjected to this, and why won't they do anything about it? I have not yet made any noise to the effect of my intentions to get out of the last month of my lease, but I am on this site because I'm looking into it. Could I tell my manager I want out of the last month? What would be the consequences? What would be the best way for me to present my intentions and get the results I want without actually needing to seek legal action (for one month's rent, I don't know if court fees would be worth it.)What could I gain or lose? Can anyone shed light on this???

THANKS!!!


Asked on 6/19/03, 12:01 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Smoky neighbors

According to the Texas Property Code, tenants have the right to have repaired any condition that threatens their health or safety. Tenants are entitled to: Decent, safe, and santitary dwellings; repairs of conditions that threaten the health or safety of a tenant; smoke detectors; secure locks on all doors and window. You can't arbitrarily break your lease. First try to work it out with your landlord, then you could try small claims court (for a claim of under $5,000) and present your case.

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Answered on 6/27/03, 9:26 am


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