Help! Need advice on what I can do about my apt. complex in Texas?

I have been in the same place since June 2006.


I have brought it to the attention of the complex that I am missing a screen on my window (which I noted on my initial walk thru checklist when I first signed my lease), here it is over a year later and I still have not got it.


I have mentioned numerous times that I have some electrical outlets that don't work. The first time I mentioned it I left out of town there after only to find when I got home a week later that my place stunk because they forgot to turn the breaker back on and all my food went bad. They replaced my fridge and payed for the food but I still have outlets that don't work.


Now I'm having the problem of someone from the complex entering my apt while I'm at work and not leaving a notice they had been there, I know because things are out of place. Now I've gone without one of my sinks for over 2 months. I complain and nothing happens. I was 2 busy 2 move and now I'm signed for another year here... what can I do????Help! Need advice on what I can do about my apt. complex in Texas?
The complex is not required to issue fire extinguishers for each apartment. They are required to have one on each floor and it should be tagged that it has been examined each year and deemed functionable. If you look at it and that has not been done and especially the disconnected battery from the fire alarm box, inform your local code compliance department immediately. That is a definite fire hazard.


Also review your lease contract, they are pretty standard throughout the country. See what it says about breach of contract.


You cannot withhold rent. The minute you do not pay them the money and they provide a 3 day notice for payment and you do not comply with that, then they can file a notice to evict which would become public record and remain on your credit file for years. What you can do is the following





1) Send a CERTIFIED LETTER to your landlord/ complex manager outlining the issues and that he/she has 7 days from receipt of the letter to comply and fix the problems. Also in the letter you should indicate that IF he/she fails to fix the problems,it would be considered a breach of contract and ALL monies will be paid into an escrow account which will be held by the County Courts office- civil division ( which would then involve Code Enforcement) until either the problems have been rectified or you are allowed to break the lease with no penalties and return any security deposits etc being held for you.


2) If there is failure to comply within that time period, then just go straight to your local county courthouse to the Civil division and ask what papers you needed to file in order for an account to be opened and the landlord will be served by the courts. This is to prevent them from saying you did not pay rent and therefore will have to evict you. You will cut that avenue off or they may just say forget and let you out of your lease and there will be no public record of a broken lease.


Calling a TV station only puts everybody in your business and can make it difficult for you to rent somewhere else ( the suckers talk to each other all the time, especially corporate owned complexes). The only time I would say it is a good idea is if there are other people in your complex complaining and experiencing the same thing,with the same results- absolutely nothing being done, especially with something electrical. It might help to light a fire under their butts.Help! Need advice on what I can do about my apt. complex in Texas?
I would speak to a lawyer. My personal view is to withhold rent, stating that you are not getting what is paid for, so you are not going to pay until it is up to what the lease states. The other thing you can do is inform the landlord that you are going to call and get someone in to fix all of the things wrong with your apartment, and send them the bill. The third thing is to call and speak to a building inspector for the city. Inform them of what you are paying, and what issues you have in your residence. Ask them if there is anything that they can do to assist with your issue. If you have documentation of all the times you have informed the landlord of the issues, this will definitely help. A nice visit from the city/county, as well as citations might speed up service.





But if this is the normal practice of the landlord, I would personally search for another place to live, and then sue them for your security deposit.
Seeing as how I used to rent apts in two places in two counties here, here's my take.





First, call your local county Fire Marshall and notify them so they can do an impromptu inspection.





Second, Call the health inspector and alert them to what's going on.





Third, Call a local TV station and talk with a reporter because this is enough for a hell of a story for public notice.





Fourth, then call a lawyer who can help you sort all of this out.





This could wind up in Small Claims court.





Hope you have Dweller's Insurance. If not, get some quick! Why? First thing I got when I went into my apt.





As to the TV notification, my ex used to work for a TV station. I know what they look for and sometimes just calling them can move things along very quickly for the good of all involved, primarily the renters getting everything fixed up to where it should be.





You might also want to contact the Local Housing authority for code violations.





Good luck!
This is, by no means, legal advice and I am not an attorney. I will tell you what I know by experience.





The first thing that you need to do is take out a copy of your lease and examine it thoroughly. In Texas, apartment leasing contract language is pretty standard and it sounds as though the landlord has breached the contract on multiple occasions. This is even a serious danger to you as you do not know who is accessing your apartment and for what purpose(s).





At the very least, you need to IMMEDIATELY look for a new place to live. Make sure that you document everything, write out statements and keep them on file and try to have someone witness the events in the document. If you believe that someone has entered your apartment without your consent or knowledge call the police.





The bottom line: Document everything. Report everything. Look for a new, safe, secure place to live.
See if you can do a ';7 day notice to cure';





It is a legal document that says if the landlord doesn't fix the problems you are going to leave and not have to honor the lease becasue the landlord didn't keep his end of the deal.





If he doesn't fix it, then leave.