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Old 02-22-2013, 03:03 PM
 
1 posts, read 1,263 times
Reputation: 10

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Hello,

I am new to Texas. My husband, 6 year old grand-daughter, and I moved to Texas back in Nov. We found a very cute apt/house in Springtown Texas. It was so perfect for us. So we filled out the application with the realitor and waited to get approved. Once we were approved we had to pay a 500.00 depost. We were told that once we paid the deposit we only had 5 days to pay the rent and get the keys. So two days before our move in date of 1 Dec, we went to the water company to get the water turned on in our name... well it is a very small town and the water company is located within city hall. The lady there told us that the address we gave her was a commercial address. We explained that the front of the building was a commercial business (vacant) and the back half was the apt area that we were renting. Well she wouldn't let us get the water turned on. I was very upset and drove straight to the realitor to find out what was going on. The realitor said that they had been renting that apt out for the past 5 years and no one had ever told them they couldn't. He also said that the realtor was responsible for paying the water. So therefore if we would have declined the apt we would have lost our 500.00 deposit and we wouldn't have anywhere to live. So here we are now... The realitor called us two days ago and said that a representative from City Hall had called him and said that no one was suppose to be living at the address. There was alot of going back and forth between city hall and the realitor but the end result will be us having to move within the next couple months. The realitor is a very nice christian man and I'm not trying to take advantage of this situation at all. I just don't know what my rights are at this point. We have paid our rent on time and have not caused any problems at all. My husband is a disabled Vet and I just retired from the military after 28 years.

Any advice is appreciated
God Bless
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Old 02-22-2013, 04:21 PM
 
Location: Austin, TX
16,791 posts, read 43,851,021 times
Reputation: 9401
You should demand full restitution for all of your relocation expenses and damages from the Realtor and the property owner. They had the obligation to make sure this property was legal to rent, not you. If they do not compensate you accordingly you should sue them in small claims court (if it is a small amount) or hire a lawyer to sue in civil court if it is a larger amount.

It is unfortunate that the burden for collecting damages in cases like this is put upon the victim.

There are lots of lawyers listed here who would be happy to help you: https://www.google.com/search?q=fort...ient=firefox-a

You may also be able to get some assistance from the City here: http://fortworthtexas.gov/codecompliance/info/?id=29046
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Old 02-22-2013, 07:24 PM
 
Location: Austin, TX
16,791 posts, read 43,851,021 times
Reputation: 9401
Quote:
Originally Posted by CptnRn View Post
You should demand full restitution for all of your relocation expenses and damages from the Realtor and the property owner. They had the obligation to make sure this property was legal to rent, not you. If they do not compensate you accordingly you should sue them in small claims court (if it is a small amount) or hire a lawyer to sue in civil court if it is a larger amount.

It is unfortunate that the burden for collecting damages in cases like this is put upon the victim.

There are lots of lawyers listed here who would be happy to help you: https://www.google.com/search?q=fort...ient=firefox-a

You may also be able to get some assistance from the City here: Welcome to the City of Fort Worth, Texas

That Very nice christian man "realtor" " has committed fraud in my opinion".
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Old 02-22-2013, 09:33 PM
 
Location: Simmering in DFW
6,955 posts, read 20,742,168 times
Reputation: 7229
Some more links for you to help you thru this: https://www.oag.state.tx.us/consumer/tenants.shtml

Texas Tenants Advisor

PROPERTY CODE**CHAPTER 92. RESIDENTIAL TENANCIES
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Old 03-02-2013, 09:01 PM
 
32,551 posts, read 51,102,602 times
Reputation: 18432
Is the realtor also the owner who is the landlord?
I bet so...
the apt was not built under permit from the city
the person who has been renting it out has done two illegal acts--
built an unapproved rental property--which could and likely is not built to code and could have health/safety violations and
2-- likely has not been paying tax on any monies received from said unlicensed property or on the "improved" value of the vacant commercial property it is built on...

You should go to the city attorney who is likely near the city water and see what your options are...
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