Landlord management company unreal eviction for their incompetence

[DIORCHRISTIAN]

I live in perrin square apartments run by the lynd company. I rent an apartment for 715/month. Since i moved in there have been problems with the apartment but i moved in on schedule because i was relocating. The apartment office assured me that if i filled out the maintenance form for move ins they would have the other issues fixed within the week. Before i moved in they said the same thing but i took my keys and completed the checklist. They only fixed two if the issues. Although there were 8 issues. After two weeks the airconditioner started leaking profusely on my floor soaking my carpet and countertops. The soaked area alowly spread about 10 feet long and wide. After my constant urging nothing was done. They would have a maintenance man patch it up and it would start back leaking two days later. After the third time i just asked to be moved into a decent unit. The problems existing in this apartment are obviously unfixable and all i want to do is live in an apartment without being rained on everytime i go to the bathroom. On the first i decided to withhold rent and contact the corporate office. I have sent 6 emails and called 3 times with no response,walked in the office and been completely brushed off when i try to show my pictures or videos. I want to sue but i'm sure it would just be a long ongoing battle but they wont give me a court date so i can show all my pix and videos to a judge. i have water damage, mold and the linoleum in my apartment is warping up. They have given me an eviction notice after sending a contractor who programmed the air conditioner to cut off if it gets too much water. It worked within the day and now there is no airconditioning at all. What should i do. I want to finish out my lease because I have too much other business to take care of plus I would rather not have a eviction on my record but i have gotten so frustrated I don't care sometimes. This was totally unwaranted and i just want to get another unit so i can tend to other business but the whole company has continued to ignore any correspondence and i am getting irritated. Please help!!!

 

[Gail_in_Georgia]

Attached are the steps a tenant must take should a landlord fail to make repairs. It is important that a tenant follows these steps (often a tenant will complain about repair issues by phone and thus will have no documentation to back them up).

http://www.oag.state.tx.us/consumer/tenants.shtml


The risk of withholding rent without following these steps is an eviction.

It is important to remember that the issues that are at stake MUST be the kind that impact a tenants health or safety (in Texas which happens to be one of the more landlord friendly states). For example, if you claim mold (which is, unfortunately, an overused issue by many tenants) it must be documented that this is one of the few strains of mold that can be harmful to human health.

Gail

 

[DIORCHRISTIAN]

How many days do you have from eviction notice. Even if i don't get money back i need to move. They have the most negligent staff i have ever dealt with. They promise one thing and do another. They do the least possible and feel they can get away with it. I will fight it on my credit report ut don't they have an obligation to serve me with a court date? I want to see a judge and show them my pictures and videos . I have a heard from an airconditioning repair person that a faulty air conditioning unit can start a fire. The water soaking my carpet could easily make someone slip and fall and has aon a few occasions. Is it within my right to request another unit if this unit is substandard. They have completly remodeled units which is what i pay for but do not completly have . Is it my right to as k fo another apartment if the issues that were promised to me have not been met. I don't like raising hell everyday for where i pay to live. I actually want to finish out my lease.

 

[Gail_in_Georgia]

Please remember that management cannot evict you. Only a court can grant an actual eviction (which is known as a "forcible detainer") in Texas.

The most common reason for filing such is due to failure to pay rent.

The notice you received should have provided you with the number of days you have to "remedy" (i.e., pay) the situation. If these pass without resolution, the next step is for management to file for the actual eviction through the Texas court system. Once this notice has been filed, you will receive notification of the court hearing. That is the time you can present your pictures and documentation as evidence as to why you have withheld rent.

Be sure to be present at this hearing; failure to appear means that management will win their case against you and the eviction will proceed as well as the eviction notice showing up on your credit report. You can attempt to fight this after the fact but it is highly unlikely it will come off your record.

Money back? This is also unlikely if the eviction process is granted. Any security deposit you have provided can be used by management for owed rent.

Gail

P.S. A review of how evictions work in Texas is attached:

http://www.texashousing.org/tt/rights/eviction/eviction.html