What Are My Rights as a Tenant?

Updated on December 08, 2013
T.A. asks from Arlington, TX
7 answers

I will try to make this short as possible. I rented a duplex in Arlington in September and moved in October. I siged a year lease. It has been a nightmare from day one. When I first viewed the place, the electricity wasn't on, so there were many things that I couldn't see very well or see what worked. The property manager told me it hadn't been listed yet (I found it driving by, it had a sign in the yard) and tjat there were 3 other people interested in it. The only way to hold it was to put the $750 (nonrefundable) deposit down. Because of the layout, location and fact tat I had had no luck finding another place, I jumped on it. I submitted the application, app fee and deposit. It was at that time the property manager assured me that all repairs and maintenance issues (there were many that I could see, even with the elctrcity off) would be taken care of, as well as locks changed and the place cleaned and sanitized. That was about 3 weeks before my move-in date. I didn't get to see the place again until the day before my move-in date when I received the key. This was also the same day the electricity was turned on. When the property manager gave me the key, he went over the lease with me and told me to complete the Move-In Condition Form. He said a request for repairs would have to made separate. NONE of the things had been done in the 3 weeks between the time I viewed the place and moved in. NOTHING was done. The place was filthy, nasty, smelled bad with ALOT of things broken and not working. The air filter looked like it had never been changed. I had to replace batteries in smoke detectors and replace light bulbs. These were things he said would be taken care of. There were many other things - badly broken tile, holes in walls, missing doors and closet rods - I could go on and on... I made sure to write down EVERYTHING on the condition form. I also submitted a long repair request and never received a response. Finally, I got the property manager on the phone and we went over the repairs together. He told me that most of it wouldn't be taken care of because the owner wouldn't pay it and allow it. I could go on and on. I've had issues almost every single day. I've only been able to park in my garage about 5 times because the door doesn't work right. Now I'm having issues with my heating. And don't get me started about the non-stop barking pit bill right next door that I didn't know about until after moving in. What are my rights? What can I do? Am I screwed because I signed the lease without knowing about these things? I have lived in ALOT of rentals all over Arlington and Grand Prairie over the last 20 years, and this is BY FAR the WORST experience I have ever had. I don't like this place and don't know if I can make it through the whole year lease. I will never make this mistake again, but I want to know if there is anything I can do right now. Thank you.

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S.B.

answers from Dallas on

We own a rental property in North Richland Hills. Many of the things you are talking about are not required to be fixed by law. They are a nuisance and simply, not right in my opinion, but they do not affect your health or well being. Not being able to park in your garage is annoying, but not a hazard to your health or well being. At least according to the law.

Now the heater is a different story. With the affects of this ice storm, you need heat. He needs to fix it. He is responsible to make sure it is corrected.

You may also want to check with the city. I know in North Richland Hills, rental properties are required to get a certificate of occupancy. The city comes and inspects the property. They are looking for things to be up to code, but also checking to make sure that the property is being kept up (no large holes, etc.). Arlington is a much bigger city, so they may not require it, but if they do you may look into it and see if your landlord is going around things. I know in NRH, they do it through the water hook ups. New tenants can't get water turned on until the inspection is complete.

The dog has nothing to do with the landlord. Call the city and file something with code compliance about a barking dog. I know here in fort Worth you can file such complaints anonymously.

As far as what you can do. You could break the lease. But if the landlord chooses, he could sue you and probably win. You could owe all the money for the year and he could possibly keep your deposits. It's a gamble. He may decide that court is too much of a hassle and opt to just cut his losses.

You could contact the management and ask to be let out of your lease. They may willingly let you out of the lease, but most likely, they would expect rent from you until they get the house rented again.

I am sorry to say, but I am not certain you have any real course of action here (at least not one that may have serious repercussions for you). I would be sure to start documenting everything. Try to handle things via email or text, so there is a paper trail. Take pictures of EVERYTHING.

Be a thorn in their side. Either they will be annoyed and let you out of the lease just to be done with you or maybe, just maybe they will make repairs for you.

I would encourage you to make sure to not accept a property in such poor condition again. I realize it was a large deposit that was supposedly non refundable, but by moving in you accepted the conditions of the house. It's a shame your landlord is being unreasonable. And I don't understand how people like that can sleep at night.

7 moms found this helpful
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M.P.

answers from Portland on

Our county or city has an office that handles landlord/tenant issues. Call your city and county information line and ask if they have such a service.

3 moms found this helpful
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R.M.

answers from Cumberland on

https://www.oag.state.tx.us/consumer/tenants.shtml

This explains what you need to do-I would say you have a very good chance of getting out of your lease-good luck!

2 moms found this helpful
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G.B.

answers from Oklahoma City on

Call a real-estate attorney and ask them if they do a free 30 minute consultation. Seems like even if you have to pay a fee for help "IF" an attorney can write a letter for you on their letter head or file charges on the landlord for failure to repair health hazards at least it would be rent money you wouldn't be obligated to pay....I mean to say, IF he can, at the very least, get you out of your lease you'd be free to move. I'd also request my deposit back since the deposit is usually for damages the tenant leaves.

Updated

Call a real-estate attorney and ask them if they do a free 30 minute consultation. Seems like even if you have to pay a fee for help "IF" an attorney can write a letter for you on their letter head or file charges on the landlord for failure to repair health hazards at least it would be rent money you wouldn't be obligated to pay....I mean to say, IF he can, at the very least, get you out of your lease you'd be free to move. I'd also request my deposit back since the deposit is usually for damages the tenant leaves.

1 mom found this helpful

J.S.

answers from Hartford on

He broke the lease. You signed it before you moved in, so you had a right to expect that the place would be in livable conditions prior to moving in. That was something he told you that you could expect. He broke the lease the first day you moved in by not having anything done according to the agreement so strike one (although yes, you could have refused to have moved in).

In good faith, you filled out the form of needed repairs and the condition of the place and he still didn't follow through as he said he would... strike two.

You're paying for particulars in order to make the place safe and livable, and he's not reimbursing you nor is he performing repairs on new issues. Strike three.

It is illegal for him not to have a working furnace. Strike four.

I would contact the Texas Department of Housing and Community Affairs. Ask them the same questions. Lay out exactly what's been going on from day one. They'll tell you if you can file a complaint and they WILL investigate and they CAN indeed force him to comply with Federal and State laws regarding housing.

http://www.tdhca.state.tx.us/

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J.K.

answers from Wausau on

Unfortunately, the best time to back out would have been the moment the manager told you that there would not be repairs made. By signing the papers, you indicated your acceptance of the house in that condition. The dirty, the cosmetic issues, the lightbulbs, etc are off the table now.

The only things you can force are safety concerns. The heat is definitely one of those issues. In fact, if they can't/won't fix it promptly then that is a valid reason to break the lease.

That $750 "non refundable" deposit you paid may also be illegal, which would also be good news for you. You need some professional local advice, since laws and standards vary by area. You could have a very good case for breaking the lease, but you need help from someone that can tell you all the specifics.

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R.M.

answers from San Francisco on

Break the lease, get out and sue them. You can probably do it in small claims court. With small claims court you don't need an attorney. I sued a landlord once in small claims court and won, and eventually got my money back.

It can sometimes be difficult to get your money when you win, but for $750 I think you should take the chance with these slumlords.

Good luck.

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