Legal Question in Real Estate Law in Texas
Constructive Eviction - Early Lease Termination
Are the following factors valid legal arguments for terminating a lease early due to constructive eviction:
1) Apartment complex contracted painters to paint covered parking. Residents were informed in writing prior to scheduled day. Although cars were moved to the requested location, high power paint sprayers were used which traveled in small particles and reached my car. Estimated damage $2000. Apartment management refuses to compensate damage and has suggested we talk with their lawyer.
2) Water pipe leakage caused severe buildup of water under floor. The result was mold growing in bedroom and closet. 1 year old son is very allergic and suffered respiratory problems at night. Apartment management stopped leak, but didn't respond to the mold damage already in place.
Apartment management is threatening to report unpaid fines to the major credit institutions. Can I take this to small claims court?
2 Answers from Attorneys
Re: Constructive Eviction - Early Lease Termination
Item 1 probbbly would not be cause to terminate lease. You could sue for damage in small claims court. Item 2 suggests that the apt. is uninhabitable and would be cuase for terminating the lease. There may be a dispute over the issue of whether the mold does cause the apt. to be uninhabitable. Larry Maun 713.266.2560
Re: Constructive Eviction - Early Lease Termination
Howdy:
Paint overspray isn't a ground for constructive eviction. But, it is a basis for an action to recover damages. But, don't focus solely on the landlord. The main liability lies with the painting contractor, who probably has insurance and a bond. If you bring this action in small claims, which is appropriate, name both as defendants. If successful, you then have doubled your chances of actually collecting anything.
The mold is a different matter. Mold is so serious a problem, and so expensive to mitigate, that insurance companies are attempting to avoid liablity and are cancelling policies.
If you can collect a sample and have it analyzed, it will tell you better whether it is the type that is a serious health risk.
If it turns out to be (and, there are several types of mold), then you'd probably have sufficient grounds for constructive eviction.
However, there are various types of mold. Not all will help you in evading your lease.
Hope this helped.
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