What are my RENTER'S RIGHT'S here in Texas ?My landlord gave my Fiancee and I a verbal agreement that...

Question

This is in Austin. He said that we could get out of the lease without penalty due to the fact that he has not done the prediscussed fixings of the apartment. I asked for the last months rent back and we'd move out within days and he said he didn't have it anymore.

So now I got a note on the door saying to pay the rent by the 8th or we will be kicked out (not verbatim, but pretty much what it said). Can he do this?

The ceiling has caved in on me while I slept, no knobs to use the stove til 22 days into the lease, filth and grime under the fridge, the tiolet flooded upstairs and ran down the wall into our electric stove and soooo much more. The ceiling is still buckling in places. We have pictures of EVERYTHING.

As I have heard a verbal agreement between parties is the same as a written agreement.

What can/ should I do? We don't have anywhere else to go and he's trying to get away with being a slumlord.

Please help!

Answer 1

He is required by federal law to provide safe and clean living conditions. If your ceiling fell on your he needs to fix it and take care of any costs (hospital or otherwise).

Threaten to take him to court if he evicts you. The law is on your side.

(In the future, get everything in writing).

Answer 2

You don't have to put up with this! Tennants right clearly state that you MUST have a adequate and safe place to live and that once eviction is served you have 30 days to move out. That's the LAW! Don't let this guy walk all over you! Contact your local police department and discuss the matter with them...They can help you stay the eviction long enough to move out. Also, contact a laywer and discuss suing...

P.S. Take photos of EVERYTHING before you leave and ask that a witness (preferably a police officer) be there when you leave so that they can certify that you have not damaged the property. If the building is in that bad of shape too you can call the firedepartment and they can put a temporary condemption order on the property until the land lord gets it fixed...

See this site for all of your tennant's rights...

http://www.tenant.net/Other_Areas/Texas/tenants.html
http://www.peopleslawyer.net/tenant3.html

Answer 3

Call the Austin Tenant's Council--they should be listed in the phone book or be on the web. They will be able to tell you what violations your landlord has committed. I believe that there is a standard provision in the Texas State boilerplate rental contract that almost everyone uses that contains a guarantee of habitibility. Good work taking pictures. They were really helpful to me in a similar situation about a decade ago. ATC was able to provide a lot of information and assistance.

Answer 4

Dont' get your legal advice online. For one thing, renter's rights vary by state and even city. For another, the people answering you aren't lawyers.

I have provided info about a place which will give you info, maybe help, and could tell you other places to seek help. You have some good arguments, and they don't all depend on your verbal agreement. But you should know that having rights, contractual or otherwise, and being able to prove and enforce them are different things. Sometimes it is cheaper to walk away even if you are being ripped off.

Answer 5

Unfortunately, a word and a handshake don't go as far as they used to. Legally you have no right to opt out of your lease if you don't have written consent. Since he has flip-flopped on that issue with you, it would be your word against his in court. However, you can lodge a complaint with your local housing authority and city/county building inspector. If things are as bad as they say, the authorities will MAKE him fix everything within a short period of time. I'm afraid you're probably stuck there.
A piece of advice (from a medical student) if the place you are living is unsafe or unsanitary, get out as soon as possible. The deposit you will lose from breaking your lease will only be pennies compared to the medical bills you could rack up later!

Best of luck to you!

Answer 6

I believe if any of the problems you are facing violate city code - you can withhold rent if they are not fixed within a certain amount of time. You should always get things in writing however to protect yourself. You cannot, however, just tell him you are withholding rent - I believe you must give him written notice of the problems and then time to fix them. I would consult some renter's rights websites.
And yes, if you don't pay your rent, he can kick you out almost immediately! I'm suprised he's giving you until the 8th.

Answer 7

I know you said texas..in nys if a landlord neglects his duty to keep the property in habitable condition, you are allowed to withhold rent, but you must put it in a separate account, not just pay it. See a lawyer because usually laws like these don't vary too much. Then you tell your landlord "I'm witholding rent until you fix this dump up!" But see a texas lawyer to make sure

Answer 8

You have two choices cut your loses and get out or pay the rent but mail it in a registered letter and include a list of all the things that need to be fixed immediately if he does not comply, take him to court and sue for your rent and security deposit. But I hope you have learned an important lesson if it is not in writing is does not count

Answer 9

Go to a lawyer that specializes in tenants' rights.

It doesn't even sound legal for even the most lax of the US states.

Answer 10

He has to give you 30-days WRITTEN notice in Texas. Then he can apply for a forcible detainer (eviction).