Very poor living conditions in rental home (Garland: apartments, rentals) - Dallas - Texas (TX) - City-Data Forum

sailingsmok · 12-10-2008, 06:25 AM

I need some advise. I moved into a house the first part of October. By the naked eye this seem to be a great move for me but on day 1 of moving in I discovered many problem which have included a horrible flee infestation, and mice ( after much trouble I have this under control) What I am dealing with now is the house has no weatherization whats so ever. It is an old 1920's home and the tempatures in North Texas are dropping I am freezing and with only (1) small gas heater all that warm air is literally going out the window. It has been more than a month now that the owners said they would fix the problem and have someone come in and do the weatherization on the home also there are many area in the house that have not even been finsihed under all the sink area where there are large holes where the pulmbing and electrical comes in this is also where the mice come in from as well as cold air. I know for a fact the the owners can not afford to fix thses problems and that is why they are taking so long to get this fixed. They make attempts to make it look like they are trying to set something up but really all they are doing is giving me the run around. I think they are hoping I will give up and make these repairs myself because the living conditions are really horrible. What steps should I take to get them to take action asap? At this point with all the money I shelled out to move in I can not move out and have a year lease to get though. I just need advise on what rights I have and what is required by them. I have looked over my lease and they are resposible for any repairs that are not caused by me. Last night with the wind chill it was 19 degrees here and I have every spare blaket, towel and comforter covering windows and doors in this house to help keeo some of the cold are out but it is not working and I have to keep the (1) gas heater going 24/7 in addition to a space heater I had to purchase I am scared to see this months utility bill..... Every time they tell me they are going to send someone to do the repairs when that day comes they have some song and dance as to why the date is changed. Also one cause of the mice problem is a lot of junk they left behind such as old tire, refrigerator, old lumber etc behind one of the exterior buildings. What can I do to get them to have these items removed?

Please help!!!

ebc75 · 12-10-2008, 07:45 AM

what city is the home located in?

momof2dfw · 12-10-2008, 07:52 AM

Call the city code inspector and neighborhood services department. Knowing what city this home is in could also give us more info to let you know that cities requirements. Some cities REQUIRE that ALL rental properties be inspected before a tenant can move into it, Garland for example and they area TOUGH on codes that rentals must adhere to. If the city your in does have a rental inspection program that would be a good place to start as well.

Lakewooder · 12-10-2008, 10:26 AM

Be sure to request the repairs in writing - otherwise you have no leg to stand on...

BTW, with unvented gas heaters you would normally crack the window to ventilate the place. So it really can't be airtight with that method of heat, which is/was common all over the South.

Poltracker · 12-10-2008, 10:49 AM

Make sure that any communication you have with them is in writing with a return receipt requested. Keep a copy of everything you send to them and all requests. If it is not done in writing then it is not considered dane at all. Also go here: Texas Constitution and Statutes - Home and look up Title 8 of the Property Code for the landlord/tenant laws. You may be eligable to call this a constructive eviction but you need to read up and follow all the rules first.

billdfw · 12-10-2008, 11:10 AM

I would move out this weekend. Why are you even putting up with this?The landlord has ignored your requests and probably will not fix your problems anytime soon, so you have a choice to be cold (or buy a space heater) or to move out.The only problem is if you did not put the repair requests in writing. But I would move out this weekend and write the landlord a letter stating that you are moving out due to unhabitable conditions (and list them) and list the dates and times you spoke with him about repairs. Then give him the letter AFTER you move out.My advice is either move out or get a space heater, because it sounds like the landlord is not going to fix your problem anytime soon.

sailingsmok · 12-10-2008, 11:28 AM

Thanks for the reply thus far...

I am looking into the rental inspection program in my area.. I dont think there is one in the town I live in, but gives me some information to start with.

I have re-read over my lease and the owners are the ones in defalut right now no question about it. I have email to support repairs request, and will be mailing a certified letter as soon as I get all the information on one page.

I can not just move out. I spent several thousand dollars for this move and that is not an option unless they want to refund 100%..

I did not know about ventilation with gas heaters (I've always had central heating and air) Thanks for that but I am sure this place will never be air tight.. Cold air is just gushing in from every where I have coat and shoes and socks on while in the house and I am still cold. There is absolutly no caulking any where in this house.. burrr.....

tycobb2522 · 12-10-2008, 11:51 AM

Whether there is a rental inspection program or not, building codes adopted by the State of Texas require every dwelling unit to have heat to at least 68 degrees. The city is obligated to enforce these requirements.

That's the good news. The bad news is that the city isn't required to make them fix the problem; they could instead require the structure to be vacated. At least with a mandate to vacate, the owner would have a tough time holding you to your lease.

billdfw · 12-10-2008, 03:46 PM

Bottom line is that no one is going to make your landlord make repairs, even if it's against the law. Your only remedy is to move out or to deal with it, unfortunately. You might try writing him a letter and saying that you are going to hire someone yourself and deduct the expenses from rent if he does not fix it in 5 days.

Synopsis · 12-10-2008, 04:19 PM

If worse comes to worse you could go down to the local hardware store and get some weather strips and caulking to take care of the bitter cold issue yourself. I'm sorry you are having to go through this.

BTW, why would such a horrid place cost several thousand dollars in which to move? Alot of decent apartments in the region have no move in costs and rent is well under 900 dollars a month.

I wish you the best of luck.