Texas Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition - demand for remedy
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The landlord had a duty to reasonably maintain the property; The landlord knew or should have known of the dangerous condition; The landlord breached their duty by failing to repair/fix the dangerous condition;
Although Texas law allows you to repair certain conditions and deduct the cost from your monthly rent payment, it does not allow you to simply withhold or reduce rent. So, noyou can't withhold rent for repairs in Texas.
Uninhabitable conditions can include dangerous ones, such as holes in the floor, unsafe or exposed wiring, or non-working air conditioning in dangerously hot summer months. Gross infestations of roaches, fleas or other pests are also uninhabitable conditions.
Set a reasonable deadline and let the landlord know you intend to withhold rent if the problem is not resolved. California law gives landlords 30 days to fix habitability problems, less if the circumstances warrant prompter attention. A broken front door lock, for example, requires immediate attention, not 30 days.
Your landlord should make a diligent effort to repair the problem within a reasonable time after receipt of the notice. The law presumes seven days to be a reasonable time, but the landlord can rebut this presumption.
Uninhabitable conditions can include dangerous ones, such as holes in the floor, unsafe or exposed wiring, or non-working air conditioning in dangerously hot summer months. Gross infestations of roaches, fleas or other pests are also uninhabitable conditions.
If you're seeking damages for emotional distress caused by a landlord's discrimination, or punitive damages for especially blatant and intentional discrimination, a lawsuit may well be your best bet. Understand what's involved in suing your landlord. You may file a lawsuit in either federal or state court.
The right to quiet enjoyment of your home. 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. The right to health and safety in your home. The right to security in your home.
While a landlord has up to four to six years to sue a tenant in certain situations, it's best to file the suit as quickly as possible. A good rule of thumb is to file the lawsuit within 30 days of the tenant moving out. This keeps the case fresh in everyone's mind and has a better chance to make a credible case.