[TX] What legal remedies are available when a property manager ignores habitability complaints?

TX Landlord-Tenant

Liz

43,836 satisfied customers

View context

Solved

If they refuse to cooperate, you could use small claims to sue since you paid rent for a unit that was having toxic issues. (TX Prop § 92.052)

Besides the emails, you would usually do a letter via certified mail. It lets them know this is their final notice and the receipt provides documentation that you tried to settle out of court. Then, if they refuse, the claim is filed in justice court. (TX Prop § 92.056)

Small Claims Demand Letter

Create Document

Full Conversation

Hi I have an issue with my property manager.

Lexi, Chatbot

I understand that dealing with property management issues can be frustrating. Can you please describe the specific problem you are facing with your property manager?

I want to speak with a lawyer.

Lexi, Chatbot

Have you already attempted to resolve this issue directly with your property manager, and if so, what was their response?

I have tried and they just keep avoiding me.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your property manager issue.

I’m not sure.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, in what state do you live?

Texas.

Liz

Thank you for sharing that. What kind of issues are you dealing with?

I moved into an apartment that had a hole drilled into a sewer pipe. We didn’t know this initially, but there was an awful sewage smell that persisted and I complained for months. Finally the hole was found due to an unrelated leak and an emergency plumber came and he also smelled the sewage air and found the holes drilled into the pipe. My apartment didn’t believe me and even tried to blame me, but the plumber found the holes with a camera. Long story short, they said they would compensate me and they haven’t.

It took months to fix and it also wouldn’t have been fixed unless the unrelated leak hadn’t happened. The maintenance team wasn’t equipped to find the issue, so they blamed me.

Turns out the previous resident had unknowingly drilled holes into a pipe that connects to the sewer, so sewer air and gases were leaking into my unit for months.

Liz

That sounds incredibly frustrating, especially since it took so long to resolve. Have you had any medical issues from the sewer gases?

I have emails and text documenting the events and I even had meetings with the managers months ago and they still have not made it right.

No, but I was super uncomfortable and unable to sleep because of the smell.

It filled my entire unit.

I had reported it from the first day I moved in about the smell.

Liz

How many months did it take to fix it?

I think three.

Liz

Have they offered you any number?

No, but they said they would. A lower manager said $300, but then they felt bad as that was insulting me. My rent is $2,250. I live in a luxury high rise and I have lived here 5 years with no issues as a resident. Always paid on time.

I wanted three months rent back as the unit was not given to me in a sanitary or habitable condition.

The issue started March 25, wasn’t fixed until late July. And I’ve been asking by email for resolution every month since then.

Liz

Have you sent them any formal demand or just emails?

I have just sent emails but I have told them I will take legal action. And now it’s been 6 months so I am ready to do so.

Liz

If they refuse to cooperate, you could use small claims to sue since you paid rent for a unit that was having toxic issues. (TX Prop § 92.052)

Ok thank you. Do I send that letter to the manager or the property?

Liz

You're very welcome. Have a wonderful day. Texas small claims is also good for up to $20,000. The letter would usually go to the property itself.

Awesome thank you.

Liz

You're welcome!

Liz

43,836 satisfied customers

Welcome! Have a similar question?

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Barrister

Lawyer/Landlord/Realtor

4.78 (66,544)

[IL] What legal steps do I need to take to make a lease official for renting my residential garage for auto repairs?

Answered 2 hours ago

Legal Eagle

Attorney

4.79 (133,377)

[MO] Can my landlord evict me for patio plants, stored clothes, or a cat that is not mine?

Answered 7 hours ago

PaulmoJD

Attorney

4.75 (106,508)

[CA] Can tenants take legal actions against landlords and neighbors for nuisance complaints?

Answered 9 hours ago

Disclaimer

By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.