Houston Texas Letter from Tenant to Landlord containing Notice to landlord to cease retaliatory decrease in services

State:
Texas
City:
Houston
Control #:
TX-1061LT
Format:
Word; 
Rich Text
Instant download

Description

This is a letter from Tenant to Landlord in which Tenant claims that Landlord's failure to abide by the continuing requirements of the Lease Agreement by denying Tenant certain services is retaliation for some action initiated by Tenant. This letter provides notice to Landlord that such retaliatory action is in breach of the lease agreement and may constitute a further violation of the law.

[Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, Zip Code] Dear [Landlord's Name], RE: Notice to Cease Retaliatory Decrease in Services I hope this letter finds you in good health and high spirits. I am writing to inform you about a concerning issue that has recently arisen regarding a possible retaliatory decrease in services. As a responsible and committed tenant, I believe it is necessary to address this matter promptly to ensure a harmonious landlord-tenant relationship. Firstly, I would like to bring to your attention the provisions set forth in the Texas Property Code, specifically Section 92.331 (Retaliatory Action Prohibited). This statute states that landlords are strictly prohibited from decreasing or terminating essential services provided to tenants in retaliation for exercising their legal rights or reporting valid claims related to the premises. With this in mind, I have noticed a significant decline in the provision of certain essential services that are crucial for maintaining a habitable living environment. The specific services that have been negatively impacted include but are not limited to: 1. Plumbing: The water pressure in my unit has significantly decreased since [date], making it difficult to carry out daily activities such as bathing, washing dishes, and doing laundry conveniently. 2. Heating/Cooling: The HVAC system in my apartment has been malfunctioning since [date], leading to discomfort and erratic temperature fluctuations, which are affecting my health and overall well-being. 3. Security: The surveillance cameras in the common areas have not been properly functioning for the past two weeks, putting the safety and security of myself and fellow tenants at risk. 4. Maintenance: Despite submitting multiple maintenance requests, essential repairs have not been promptly addressed, leading to a deteriorating living condition. [Include specific instances and dates when service requests were submitted but not resolved] I must emphasize that these issues have arisen in proximity to my recent complaints regarding the aforementioned matters and exercising my legal rights as a tenant. It is my sincerest hope that this decline is purely coincidental, and I believe in maintaining a positive and transparent relationship with you. However, I kindly request that immediate action be taken to rectify this situation. To ensure a fair resolution, as well as adhere to the proper legal process outlined by the Texas Property Code, I kindly request that you take the following steps: 1. Investigate the circumstances of the decline in services, recognizing the potential correlation to my exercising of tenant rights. 2. Promptly carry out the necessary repairs or enhancements to reinstate the full provision of essential services, ensuring a habitable living environment. 3. Provide written documentation of all actions taken to resolve the issues mentioned above, including timelines and methods of resolution. 4. Confirm in writing your commitment to comply with the Texas Property Code and refrain from any further retaliatory actions. I believe that by addressing this issue constructively, we can maintain a cooperative landlord-tenant relationship that is rooted in mutual respect, trust, and adherence to applicable laws and regulations. I look forward to a swift resolution and positive action being taken on your part. Please reply to this letter within [reasonable time frame] to schedule a meeting or provide written communication outlining your intended course of action. I kindly request that you acknowledge receipt of this letter within [reasonable time frame] to ensure open lines of communication throughout this process. Thank you for your prompt attention to this matter. I trust that you will do everything necessary to rectify the situation and uphold your responsibilities as a landlord. Yours sincerely, [Your Name]

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  • Preview Letter from Tenant to Landlord containing Notice to landlord to cease retaliatory decrease in services
  • Preview Letter from Tenant to Landlord containing Notice to landlord to cease retaliatory decrease in services

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FAQ

Go to court: Sue your landlord to make the repairs and for damages. A court can order your landlord to make repairs, reduce your rent from the date you asked for repairs, award you damages caused by failure to repair, damages of one month's rent plus $500, court costs, and attorney's fees.

Situations that may be held to affect a tenant's health can include lead paint, mold, unsanitary conditions, improper ventilation, a gas or sewage leak, pest infestations and bacteria causing illness such as Legionnaire's Disease.

(a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency.

California state law (Cal. Civ. Code §§ 1940.35, 1942.5 (2020)) prohibits landlords from retaliating against tenants.

A revenge or retaliatory eviction is when a private landlord takes steps to evict tenants who ask for repairs or complain about bad housing conditions.

What is landlord harassment? Landlord harassment is when a landlord or property manager willingly creates a situation where a tenant feels uncomfortable, so uncomfortable that they wish to move or terminate a lease agreement.

Landlord harassment is illegal in California. California Civil Code Section 1940.2 specifically forbids a landlord to force a tenant out of their home by: Displaying ?forceful, threatening, willful, or menacing conduct? towards you or your guests.

This means your landlord cannot evict you without proper cause (most commonly nonpayment of rent) or otherwise disturb your right to live in peace and quiet. Your landlord must also protect you from any wrongful actions taken by other tenants. The right to health and safety in your home.

Texas courts have held that a landlord may not enter your home unless you allow the entry or the lease gives the landlord specific reasons to enter. Study your lease to determine when the landlord may enter your home.

Under most landlord retaliation statutes, a landlord can't evict, harass, or raise the rent of a tenant for doing something legal. A landlord may not like the renter's actions, but they cannot seek revenge. A common retaliation tactic is trying to evict a renter after they complain to a government agency.

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Deny you use of the premises. Having a written record is the best way to assert your rights and protect yourself against landlord retaliation.These DO NOT substitute for legal advice! It is our goal that distribution and use of this handbook will explain many of the ques- tions and legal issues that arise in a landlord-tenant relationship. You should consult with an attorney before taking any of these actions. No. Are there required disclosures that need to be given to tenants? Note: TDHCA's decision does not affect locally administered emergency rental assistance programs, which may still have available funds. Retaliatory Eviction. You are entering into a legal contract with the landlord when you rent. If you need help filling out an application, you can reach one of our customer service … Phone.

24 hr. TD HCA. The Evictions Office is open every Tuesday – Friday from 2:30 to 4:15 To check availability, call. You probably want to sign a lease. Be sure you have signed a lease before the lease applies to you in any court, if necessary…. For example, if you are going to go on sick leave, or if you don't own a car. Landlord's Duty to Take Landlord's Written Lease If there is no agreement about a new lease to go on, the landlord may be liable for rent that accrued during the absence of the tenant. . . Even if the tenant did not live in or use the property. In other words, the landlord owes the tenant money—to cover rent and other unpaid-for obligations of the tenant. This is because the landlord can be held liable for the damages caused by the tenant's failure to pay rent. The landlord can even be held liable for any unpaid-for obligations of the rental units if the tenant has a prior lease. Landlord's Legal Liability for Rent and Related Debts.

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Houston Texas Letter from Tenant to Landlord containing Notice to landlord to cease retaliatory decrease in services