Retaliation for Requesting Repairs or For Being the Victim of a Crime
Your landlord is restricted for six months from retaliating against you because
you gave him a repair notice. Illegal retaliation occurs when the landlord wrongfully
terminates the lease, files for eviction, deprives the tenant of the use of
the premises, decreases services to the tenant, increases the rent because a
tenant requested repairs to the premises, or engages in activity that materially
interferes with the tenant's rights under the tenant's lease. Also this applies
if you were a victim of a crime.
Furthermore, the landlord can still terminate the lease and evict you if you
fail to pay your rent, intentionally cause property damage to the premises.
If the landlord engages in activity that constitutes unlawful retaliation, you
may seek a court order against your landlord awarding you:
- (1) one month's rent, plus $500;
- (2) the reasonable costs to move to another place; and
- (3) attorney's fees and court costs
HOW YOU WILL WIN
But remember, the landlord will win if he can prove that his actions were not
for purposes of retaliation but that is very, very difficult.
Ask for a jury in JP Court and pay the ten dollar fee for one. Do discovery,
probably interrogatories are best, you will get the ammo you need to
win and run up incredible attorney's fees on their part. Remember they are a
corporation and CANNOT represent themselves. They will HAVE to hire an attorney..
Find out what every other person is paying for rent in the apartment.
As for suing the owner of the dog as suggested by SheilaP I do not recommend
that. They are probably judgment proof. Sue the apartment complex for that as
well. You stated others had complained. That put the complex on notice there
was an open and ongoing hazard there. Get that notice through discovery and
sue them for that as well.
As for the 'creepy' maintenance person perviously mentioned, get his work history
and criminal history. He could be part of the maintenance problems and keeping
him on when his presence is contributing to the dangerous environment will work
in your favor.
Also, you will see new management if they are as hapless as your posts indicate.
You will finally have the owner's attention and if you don't have their name
and address GET it. You will have to have it to filed a lawsuit.
The owner's identity should be posted PROMINENTLY in the office or on the lease.
Not just the management
company but the OWNER as well. The law says you are entitled to it.
As a tenant, you have the right to know the name and address of the owner of
the premises. You also have the right to know the name and
street address of any property management company that is managing your house
or apartment.
The landlord may satisfy her duty of disclosure by providing you with a written
copy of the information,
by having the information posted continuously in a conspicuous place in the
apartment complex or resident manager's office, or by
having the information included in your copy of the written lease agreement
or house rules.
If the landlord fails to provide the information you requested in one week,
you should give her another written notice that if the information is not furnished
to you within seven more
days, you may exercise the remedies provided by the Texas Property Code.
They will have to hire an attorney at $150.00 an hour. This will be VERY expensive
for them. If you do discovery and I recommend that you do, it will end up costing
them three to four thousand dollars in attorney's fees
Go for it -- absolutely go for it.
Not only will you be compensated for your troubles but you will get new
management. No one is going to keep management that ends up getting them sued.
NO ONE. That's the whole point of good management. I cannot believe management
told you if I don't know about it I can't fix it when you had just moved in.
That shows incredible arrogance and incompetence. That's typical management
bullying. They were responsible to provide you with locking windows from day
one and it WAS THEIR RESPONSIBLITY TO SEE THAT THEY LOCKED. IT WAS THEIR JOB
TO KNOW ABOUT IT. t
These people are pulling a fast one and hoping you fall for it. Sounds like
if they spent as much time doing their job as they do covering their asses your
car would not have been stolen.
Do everyone a favor and sue them.
However, while there is no duty for a landlord to be responsible for the safety
of the tenants and their property, there is a duty for the landlord to take
reasonable and necessary precautions to protect both the property and the tenants
from foreseeable harm if promises of safety have been made to the tenant (written
are best) or security devices are present but not operational because of
negligence on the part of the landlord.
Are all the exterior lights functional? If not … sue for negligence as well.
It is well known that a poorly lit parking lot attracts criminals to a complex.
If the complex thought it needed lighting for safety and did not keep it up
... as they say, res ipsa loquitur. Anything that draws ciminals in to your
place such as burned out lighting is negligence on the part of management.
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