Question

Not a direct money question, but I hope you informed people could help us with a money pickle! I need some direction on a rental issue. We signed a contract to rent a place in TX. Just a few days into the house we noticed a strong sewer smell. Contacted the landlord, he said he would wait for the warranty to kick in to send a plumber. A few days later we contacted him again. He apologize and said he didnt realized the severity of the problem and that a plumber would be there the next day. The plumber comes, there is major problems with the piper, walls will have to be taken down, concrete slab will have to be dug up, and pipes replaced. Landlord decides that he will not use the plumber because its too expensive. HE will use his handy man instead. The same handy man who built the other bathroom where every time to washing machine is running, or we flush the toilet, water comes up the shower drain - that's the handy main fixing a major sewer issue in the house. We told the landlord we would like to get out of the lease. He says he will let us move out but will not give us our deposit back. The entire house including front and backyard smell like sewage and I have zero confidence that this handy man will fix that any time soon. Right now one of the bathrooms is out of commission, there are holes in the backyard and we are living under construction. Can ANYWAY point me to some resources as to what are rights are in this situation? The lease agreement says that he has 7 days to start fixing the problem, which he did, but it seems to us that he KNEW of this issue and instead of fixing it before he rented out the place, he decided to collect rent while "patching" the smell. All I need is my deposit back so we can move out! Any help is appreciated.  

Answer 1

Send him an email asking for the deposit again and let him know you will be contacting the state's land lord and tenant housing department for assistance in the matter. I have rental insurance on my property. If there is an issue which makes my house uninhabitable and its a covered problem, my insurance will pay for the repair, pay for the tenants to get a hotel, and pay for my lost rental wages.  

Answer 2

Could you look into your state's tenant rights and laws? And go from there.  

Comments

@hysterectomize Live this! This is really the best starting point. Then read your lease. It should address major issues, unless it’s a DIY lease. If no progress, seek legal help.  

Answer 3

Depending on the issue it could be hazardous. You should have a housing authority you can reach out to because each state has different renters protections. Thankspically he would be right in holding your deposit, however with all the issues in the house I think you have a good argument for getting out and getting your money back. Hell you may even be able to take him to civil court to get money for moving but that takes extra time and effort.  

Answer 4

It sounds, tentatively, like you can get out of the lease and get your deposit back because the home is not habitable. You would move out and claim constructive eviction. But you should talk to a lawyer in your area first.  

Answer 5

He should give your deposit back due to the issues, which he had to know about. Renters have rights in situations like this.  

Answer 6

Call the housing authority for your area.  

Answer 7

Document everything

Answer 8

Yes, look up tenant rights and state statutes. Google for a tenant advocacy group that can guide you locally. Call the city or county building inspector too so they can inspect the property to deem it fit for habitat

Answer 9

Call your town or county Code enforcement. Inform the landlord that you will no longer pay rent. Instead the rent will go into escrow until you get your deposit back or the problem is fixed to your satisfaction.  

Answer 10

Most affordable option is: You can try calling one of the local tv news troubleshooter segments they sometimes help. If a realtor was used to list and/or rent the property call the broker at the brokers office that holds the agent’s license that drew up the lease. If the broker is the owner and that’s a dead end for you make a report on the broker to TREC the state is what I think will get him to either get the sewer issue properly addressed if that doesn’t work you will need an attorney to rep you but that may cost more than your deposit unfortunately. Based on what you wrote the property needs a complete reroute and you also state they knew there was an issue but they didn’t disclose the issue of the properties condition. Now if you just want out you may be able to get out and get your deposit if they knowingly hid a known plumbing issue, which will be hard to prove if you don’t have recent property condition reports. A property may be in need of a reroute but not have a issue with the plumbing functionality. Same as a roof may need replacing but not have any leaks. Next time ask for copies of the property current condition reports and repairs. If one doesn’t exist then ask them to conduct one. Hope this helps. Best of luck!  

Answer 11

Texas landlord tenant laws favor the tenant- start there- then call the health department of the city that you live in to inspect what is going on. In the end- it might be best to move on, deposit or not- sounds like a slumlord to me and you will continue to have problems in the future. Good luck.  

Answer 12

Say you will have your attorney contact him!  

Answer 13

City Code enforcement might be a good first call.  

Answer 14

Do you have an attorney? I’m not sure where your at, but if you don’t have an attorney, look for a local/county housing authority for assistance. Also reach out to your town or village government-that should also be able to point you in the right direction.