TX laws for landlords to provide healthy and sanitary apartments upon move-in?
When we got the keys to our new apartment, we found evidence of pests (we didn’t know what, it was some sort of feces) in the kitchen, bathroom, and closet. We told the office that there was some sort of pest. Next day, they said it was “all taken care of,” but when we moved our belongings there, the problem was not adequately addressed, They left a maintenance notice saying that mouse holes had been covered up. Not all of the holes under that sink were covered and one was only partially covered. And even though they said they’d clean up, there was still feces under the sink, as well as in the other areas of the apartment. Then we saw cockroaches. We went to the office again, told them we had seen roaches and the patch job on the “mouse” holes was incomplete. They said they’d have the pest control service come to spray and would fix the rest of the holes. It was still left incomplete; if there are mice, they’ll still get in. While the apartment appears to be making attempts towards fixing our pest problems, it has consistently been sub-standard work. The cockroaches and poop have been there since before we had the keys in our hands. We think these are unfit living conditions.
How do we get out of our lease without consequence? We’ve heard that the landlord must provide us with a sanitary and safe space upon move-in, but we can’t find the specific law where that is stated. We also feel that we were mislead, and the state of the apartment was misrepresented. Is there some law that says landlords are obligated to make potential tenants aware of pests before people apply? If we had suspected pests at all, we would not have signed on with this apartment complex.
We cannot stay in this apartment, because the cockroaches themselves can aggravate asthma, and the suggested pest control of spraying can also trigger asthma symptoms. The pesticide doesn’t kill them right away, so they can still go around for a few days, contaminating our things and risking our health. I am six months pregnant, and so am at greater risk. We have photos of the condition of the apartment when we moved in; will that help us in our argument that it was given to us in an unsanitary condition?

January 27th, 2012 at 10:35 pm
1. Make your landlord aware that if the problems are not taken care of promptly, you will contact your local health department regarding the pest problem.
2. Only if the dwelling is deemed unsafe can you get out of the lease.
3. Your problem is that you moved in and accepted the problem. You should have made a provision in your lease that stated that the problems were to be properly taken care of prior to move in.
4. Talk with the landlord. Maybe there is a way that he will voluntarily let you out of the lease before your contact the health department? Slumlords hate the department of health.
Good luck
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January 27th, 2012 at 11:36 pm
You want to review section 92.052 of the Texas Property Code. What you will need to establish is whether or not the landlord was “diligent” in attempting to resolve the vermin issue. “Diligence”is a subjective issue. It is not that your landlord is not making an effort to resolve this problem. It is whether or not he is doing everything he can to eliminate the problem in a reasonable time period. A judge would make that determination. The Texas Code also states that the burden of proof is on you to show that the landlord was not diligent in his duties. This problem obviously cannot go on indefinitely. I would find out what agency deals with landlord/tenant issues in your state.
Edit:
By the way, it is not a matter of accepting the place in as is condition. In situations that involve residential tenancies landlords are subject to what is called “Implied Warranty of Habitability”. Your landlord is, by law, required to maintain a safe and habitable premises.
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