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| *Ostroff, Fair and Company>>>Renting & Real Estate |
Do we have any rights as tenants? |
We are about to move out of our apartment here in TX. They want us to pay a $750 fee because we are breaking the lease early. That is understandable, BUT, I am not so inclined to give them this money when they will not properly fix or replace our air conditioner when the temperature inside our apartment is reaching 80+ degrees with the A/C running non-stop all day causing us to not be able to afford our electric bill! Summers here are HOT with temps getting above 100 degrees. This has been going on since last summer when we had the same problem. Do we have any rights here? http://www.uslandlord.com/laws/txstatela... http://www.megalaw.com/tx/top/txlandlord... http://www.rentlaw.com/texaslandlordtena... Try these websites which all pertain to landlord tenant rights in the state of Texas. I hope this helps you. You might IF you have kept documentation of such. If not it'll be you said/ they said. Your rights are compromised a bit, but if you haven't moved, there is something you can do. First, have a witness to your problem with the air conditioning. Hopefully you have a family member or close friend who has been in the apartment a year ago, and also this summer. Secondly, take a picture of someone holding a thermometer inside your apartment, and have them available for court. Let the landlord take you to small claims court to collect the money and explain your dilemma to the judge. You don't need a lawyer. Just take your witness or witnesses and the picture. Video tape, take pictures, document everything that is wrong. I was in the same situation when my apt was flooded (apts fault), and they refused to put us in another unit. That is how we got out of our lease. They didn't like visit from the health inspector. Hi, A tenant can NOT withold rent unless directed by a court of law. Unless you have written the landlord of the problem, and a court hearing was conducted to enforce the repair of said unit, you don't have a leg to stand on. You are breaking a lease which holds you legally responsible for the doc you signed. If the AC was a bone of contention you should have written the landlord with your complaint. |
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