Legal Question in Real Estate Law in Texas
Disclosure of Murder
We recently moved to a new apartment complex due to security issues at previous complex. We have lived in new apartment since end of june and just now found out from neighbors and newspaper that stabbing and murder took place at new apartment just under a month before we moved in. This took place in very apartment we live in now. Should not have the complex management advised us of this prior to move in? What can we do under this situation? My family and I feel very insecure in new home.
1 Answer from Attorneys
Re: Disclosure of Murder
There is a duty to disclose violent crimes with respect to the purchase of real estate, but I could not find that duty concerning leased properties. The law that would relate to this can be found at: http://www.capitol.state.tx.us/statutes/py/py0009200toc.html and you are welcome to check behind me and see if you can find anything. With that said, I would first write a strong letter to the landlord stating that you would have never leased the apartment if you knew of the crime committed there and request that you be released from the lease with no penalties. If your landlord fails to do that, you could try suing him or her in small claims court for the outstanding amount of your rental payments (it must be under $5,000) and if you win, you can use that money to buy yourself out of the lease. In order not to go to court, your landlord might be enticed to release you at that point. Best of luck.