Return of renter's deposit? Renter's rights.?

Question

I recently moved into a duplex. So far, I have had many problems.
1. Window shattered next to front door that was finally replaced one week later.
2. Toilets that run water. It was so-called repaired 1 and 1/2 week later after the first complaint and now runs more than before. It has been three weeks since the last complaint and nothing has happened yet.
3. Garbage disposal that collapsed.
4. And the final straw, rodents (5 in 24 hours). In which I asked about, among many other things, before I signed the lease and told I would not have a problem.
This list goes on and on.
After, one month and a few days, I desperately want out of my lease. If anyone knows what my legal rights are in the state of Texas, please let me know so that I can move as quickly as possible.

Answer 1

II. LIVING IN AN APARTMENT

A. Can I force my landlord to fix my apartment?

1. Minor inconveniences.

Unless your lease explicitly says so, your landlord is under no general obligation to repair the apartment. Small inconveniences and minor repairs are not legally the responsibility of the landlord unless he has agreed to make such repairs. The agreement to make repairs need not be in the lease itself. If your landlord has otherwise agreed to make such repairs, he may be obligated to make these repairs just as if the agreement was a part of the lease.
If your lease does require the landlord to make the repairs in question, you should contact him in writing and request that these repairs be made. If the repairs are not made, you can have the repairs made yourself and recover the cost in small claims court. You cannot deduct the amount from your rent, however, unless the landlord agrees.

2. Major problems.

Regardless of the terms of the lease, there is a law which requires the landlord to repair conditions which materially affect a tenant’s physical health and safety. The warranty of habitability requires the landlord to make reasonable efforts to repair any condition which materially affects the health or safety of an ordinary tenant. The landlord’s failure to comply with this law may entitle tenants to withhold rent and have the repairs made, get a rent deduction and a penalty of one month’s rent plus $500, or terminate the lease and move out. The law also allows tenants to have conditions repaired and deduct the cost from the rent if:
a) the landlord has failed to remedy the backup or overflow or raw sewage inside the tenant’s dwelling or the flooding from broken pipes or natural drainage inside the dwelling;
b) the landlord has expressly or impliedly agreed in the lease to furnish potable water to the tenant’s dwelling and the water service to the dwelling has totally ceased;
c) the landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction, that the lack of heat or cooling materially affects the health or safety of an ordinary tenant; or d) the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the condition materially affects the health or safety of an ordinary tenant.

It is worth noting that under the law, even if you have a claim against your landlord for not maintaining your apartment, you are not excused from paying rent until you take the necessary steps. If you stop paying rent, your landlord could have you evicted. Here is what you have to do to withhold rent or get damages:
1) You must give the landlord written notice of the problems with your apartment. I recommend you send this notice via certified mail, return-receipt-requested. Explain the problem, and tell the landlord that it materially affects your health and safety. You cannot be delinquent in the payment of rent at the time notice is given.
2) The landlord has a reasonable time to repair the problem. What is reasonable depends on the facts of the situation. A leaking roof for example, is serious, and a few days may be a reasonable time to repair the leak.
3) If your apartment is not repaired within a reasonable time, you must give the landlord a second notice explaining that unless the condition is repaired you will terminate the lease, repair the condition yourself, or bring a civil action for damages.
4) If the landlord still does not make the repairs, you have the right to: (1) move out; (2) have the condition repaired; (3) sue and force a rent reduction; or (4) recover damages of one month’s rent plus $500. If you have to hire an attorney and win your case, the landlord must pay your attorney’s fees.
C. What if my landlord misrepresents the condition of the apartment or what he is going to do?

The Texas Deceptive Trade Practices Act applies to all lease agreements. The DTPA makes it unlawful to misrepresent the qualities of something. If the property leased is not as the landlord represented it to be, he has violated the law. For example, telling a tenant that her carpet will be replaced when it will not is a misrepresentation. The DTPA provides for up to three times your damages (tenant’s cost in repairing the carpet) plus any court costs and attorney’s fees involved.

Tenant Rights and Remedies
This section of the handbook discusses tenant rights and remedies provided by Texas law. Unless otherwise indicated, a lease cannot remove or diminish any right or remedy described below. However, your lease may provide additional protections and remedies. So, be sure to read your lease first to see if your problem is addressed.

Repairs and Improvements
Texas law requires landlords to make a diligent effort to repair anything that materially affects the physical health or safety of an ordinary tenant. Examples of things that materially affect the health and safety of an ordinary tenant are sewage backups, roaches, rats, no hot water, faulty wiring, roof leaks, and sometimes lack of heat or air conditioning. If the problem violates a provision of your city's building, health, or fire code, then it is more likely to be considered a health or safety risk. Problems such as broken dishwashers, walls that need painting, unsatisfactory draperies, or grass that needs cutting are generally not covered by state law. However, your lease agreement may require the landlord to fix these problems as well. Be sure to read your lease to find out. If you are uncertain how to classify the problem, consult a lawyer, health or building inspector, or tenant association.

It is possible that a landlord's failure to repair problems that do not affect health or safety (such as a broken dishwasher) may be addressed as a breach of the lease, even if the lease fails to mention repairs. A court may find that a landlord is still responsible if the landlord clearly implied he would fix anything that broke in the apartment. Texas law does not provide an easy-to-use remedy, so careful and courteous negotiation is the best practical solution. The remaining sections of "Repairs and Improvements" will only discuss the requirements and remedies provided by state law as described above. Although some of the general advice may be applicable in other situations, a tenant should not assume that ANY of the remedies discussed below will be available.

[Tenants in Section 8, government-owned or government-subsidized housing have additional rights concerning repairs. A local housing authority administers many of these programs and can inspect and "abate" (stop) paying its portion of the rent on the tenant's dwelling until the repairs are completed. If the landlord files for eviction, the tenant may have defenses. The landlord may not be able to evict based on nonpayment of the housing authority's rent as long as the damage was not caused by the tenant's abnormal or reckless use of the premises. The tenant should call his housing authority, attorney, or tenant association for more information.]

Exceptions to the Landlord's Duty to Repair
Texas law does not require a landlord to repair a condition caused by the tenant or a guest, family member, or lawful occupant of the tenant (unless the condition was caused by normal use of the premises). The law also specifically provides that the landlord need not furnish security guards for an apartment complex, even if the complex is unsafe, although better lighting, locks, fencing, and other security measures could be required in some situations. The law also exempts landlords who only have one rental unit. Texas law allows these smaller landlords to change their duty to repair entirely if the unit was free of health and safety risks when the tenant moved in (and the landlord was unaware that there would be problems during the lease). In such a case, if the landlord wants you to repair items that would normally be his responsibility, he must put a specific provision in your lease to this effect and it must be underlined or in bold print.

Any landlord may require a tenant to pay for broken windows, screens, and doors if the provision is specific and underlined or bolded in a written lease regardless of who broke them, assuming the window or door did not break from normal use and the landlord did not cause the damage. The landlord also may require the tenant to repair damage caused by leaving windows and doors open, and from sewage backups if a toy or other improper item is found in the line that exclusively leads to the tenant's unit and is the cause of the backup, if the provision is specific and underlined or bolded in a written lease. Otherwise, the landlord must repair these items at his expense within required time limits and guidelines.
Other than these exceptions, a landlord must provide you with a home that is free from health and safety risks, regardless of what is in the lease. If a landlord intentionally tries to change this duty in your lease (other than the exceptions stated above), you may have a claim against him for actual damages, one month's rent plus $2,000, and reasonable attorney's fees. The law presumes the landlord acted without knowledge, so give your landlord a written notice (and keep a copy) if he is violating the law, and ask him to change the lease. If he refuses, you may have a stronger claim against him.

Answer 2

in case you have been to take your former landlord to court docket the burden of evidence is on you probably did you hold all transations from the two hire and deposit? i might ask the carpet cleanser with you in man or woman to make effective how he got here upon the carpet formerly it replaced into wiped sparkling, the owner can't cahge the regulations when you leave, they are in a position to charge for standard positioned on and tear yet, can't use this as a foundation to get a clean carpet. the owner needs to grant reciepts and evidence or checklist of extra quotes previous the protection deposit. you are able to take the owner to court docket yet, can no longer double on your deposit. Your probabilities of triumphing in small claims court docket are staggering offering you do your homework.

Answer 3

You have no basis for terminating a lease, as much as you would prefer to think otherwise. You have to prove that the premises are uninhabitable, which they are NOT. You have a few issues here, and you need to work with the landlord to remedy them.

However, NONE of these issues rise anywhere near to the level of issues which would allow you to terminate your lease.

Answer 4

You need to follow the procedures as laid out by Texas Landord/Tenant laws.

This site gives your specific steps to take & follow:
http://www.texastenant.org/rights/repairs/repairs.html

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