Repairs, Maintenance Can I break my lease? Long, but detailed.

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kandypie

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Now I know I can pack up and leave right now, but I want to make sure they can't hold anything over my head. I live in north Texas (Tarrant Co), I have been at the same apartment for 2 years. A new management company took over 6 months ago, even though I only have 3 months left, I can't live in this place anymore. It used to be beautiful and quiet, now the past month there have been drug busts and new drunk neighbors that slam everything right outside of my door. I know THAT is not ground for leaving, but this next part might be. Things that are wrong:
*Black mold around caulking of bathtub- could be just black mildew, neither of us are sick.
*Stress cracks in walls from failing structure and 5 month drought
*Hole in bathroom wall they have been notified in writing with 3 times but refuse to fix it, more just brushing it off
*Doors coming off hinges because of cheap frame and short screws
*Ceiling paint chips blowing out of ac ducts (don't know if the ceiling is falling behind vents)
*Waking up every other day with door unlocked and pushed open, once I forgot to lock it before bed, woke up and it was completely open and I have a cat. All the other times I made sure the chain lock was on, but they still opened it, and didn't close it back and lock it. ALL WHILE I'M SLEEPING
* I have ONLY 3 windows, and ONLY ONE I can open. One doesn't have a screen so I fear for my cat, the other was broken, then "replaced" (old management) but they broke it again in the process of replacing so they just used silicon to seal the cracks- doesn't help in case I know
*Roaches that when they renovated the apt below me disturbed several nests. (they are under control now I only see one or two a week, thank you wal-mart for fixing the problem for $3 that the maintenance failed to fix.
*Along with the roaches when they renovated the apartment below me, they never told us, so all the fumes from resurfacing made me, my pets, and family sick. We had to leave for 2 days, thinking it was a meth lab, because they NEVER inform on repairs.
*Utility bills that have doubled, used to be $50/mo, now is over $100 with NO explanation and they refuse to show me the water and gas bills for the whole complex. My lease says they have to show me if I ask, but they still refuse. Also lease states that with the size of my apartment it will never go over $50, and if they push it over it is illegal.
*faulty plugs that let off sparks when plugging anything in, not just one or 2, but it almost looks like the 4th of july, but does not do it every time you plug something in. I have tape over the plugs so we don't use them.
*They have not sprayed for bugs for 6 months! I have requested it at least 3 times a month the past 6 months, but NOTHING.
*there are more problems like if someone throws a candy or gum wrapper out of their vehicle and if it landed closest to your car then YOU get a $25 fine AND a lease violation even though you didn't do it. Hired towing company to look at every car every night to make sure everyone is in the right place even though over 1/2 of the complex has moved out already (not an exaggeration), they made us get bright red parking stickers, the least it could have been was static cling instead of permanent. Also the towing company they hired, the bail money for your car totals to almost $3k even for one night. I wouldn't say that if I didn't have the proof, a few friends of mine that live here have been towed and the bill is astronomical! They wait till the end of the month to do most of the towing, I'm guessing trying to kick people out by giving them a $3k bill on top of rent due on the 1st. The company is called Mosaic Residential, there's several reports to the BBB about them, and EVERY complex is the same. Thanks to apartment rating guides, I have read about their other complexes and the maintenance and office performance is the EXACT same.
This apartment sounds horrible, I know. Adding in the 1970's AC units 1/2 the tenants have. The 1970's insulation, or better yet, lack there of. This place is a dump, I didn't have ANY of those problems I listed above until the new management company took over. They have tried to get us to sign a new lease though without getting the new renovations, which would raise the rent from $500 to $625 for a very small very outdated efficiency apartment. I have informed the managers of my problems in writing 3 times and all has been notarized before giving it to them. At my old apartment it was in my lease that if we gave them a letter with what needed to be done, if they didn't fix it after the third time giving them the letter, I could be let out of my lease with no problems or complications. Does anyone know if it's a federal law, state law in TX, city law, or was that only at my last apartment, that I could get out of my lease if they still didn't send maintenance to fix a problem they had been reminded of 3 times in writing. Any one have ANY advice other then just leaving and breaking the lease? Have they done anything wrong making me eligible to legally break the lease? I live in Bedford, TX, just in case there is a city law, you would need to know that. I've tried searching for everything but just come up with yahoo answers, and sites similar that wont be able to help.
 
I suspect that these issues did not pop up magically within the last couple of months - correct?
 
Your lease and state law provide the manner in which to address these issues. If you don't follow the proper procedure then you have no complaint, and even then you can't break your lease without consequence.
You should give notice and move when your lease expires. If you have been there 2 years you are probably a month to month tenant unless you actually signed a renewal for longer. If month to month you can be out in 30 days with no problem.
 
Frankly, many of your issues sound petty.

Did the previous management come in and scrub out your bathtub? Unlikely. Fill a bottle with a combination of bleach and water or hydrogen peroxide and water and spray down the mildew in your bathtub.

And the hole in bathroom wall just magically appeared after the new management took over and despite the fact that you've been living in the same apartmen for the last 2 years? Windows suddenly shut and remained shut after this management took over?

Review the attached regarding repair issues in a rental in Texas:

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

Gail
 
I would be very upset also, if new management came in, took out the new AC units and installed 40 year old units, removed insulation from the walls and attic, then spread trash on the grounds and dirt on the buildings. I gather the cracks are developing from the fracking they started doing in your backyard. The roaches probably came in from the outside, due to new ground vibrations. Am I correct?
 
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You didn't read ANY of that correctly. The new management refuses to correct the MAIN problems that are affecting my bills. The hole in the bathroom, happened because of an elbow hitting it. The grout is cracking and they refuse to patch the hole up. The tiles are completely uneven causing it to be very unstable. Also like I said 1/2 of the tenants here have the 40 year old AC systems I NEVER stated they switched mine out for an older model, in fact after it going out 4 times within 2 months and them taking over a week to get to it they FINALLY replaced it with an old 90's model which isn't bad, but still somewhat costly. To make it a little more clear, a few other tenants say they have contacted the Attorney General, FTC, and BBB. It is not only my apartment. What about opening my door and leaving it open? You KNOW that is wrong. Also if you had read, you would have noticed I signed the new lease with the OLD management last summer, the NEW management came in NOV with zero warning UNTIL the day the switch happened. The roaches come from the new dirty neighbors, and the renovation they did beneath me. We have standards here, and the new people around me don't follow any that are set for us. We went from FULL capacity to only 37% occupancy (in 4 months). ALL dumpsters overflow now since they only pick up trash once every 2 weeks (just found that out), all this trash can pile in a week, they used to pick up twice a week. What happens when they don't even follow MY lease guidelines? They are bound to that until I either renew or move out. Double utility (triple for some) bills, with refusal to show proof of the water bill for the whole complex. All they have said is our town had a 3% increase, why would that give me a 100% increase? Besides, the city says otherwise, there was NEVER an increase. The increase according to my lease is illegal. To the first person, YES all problems except one started when the new company took over, I'm not saying they caused the problems, I'm saying they refuse to fix ANYTHING that doesn't have to do with the cosmetics of the exterior. All they are worried about is making it look decent on the outside, we don't even have maintenance men anymore! They contract all work out and with some things it takes weeks to get to, or they don't bother to worry at all. The hole in my bathroom is letting the cold air out, and more bugs in (I do have a bag duct taped over it for now, but they are responsible for fixing it). Still they refuse to fix it. What happens though when they don't follow what my lease says they are responsible for? Which means they ONLY follow the new lease they wrote up. YES their new lease states the tenant is responsible for every problem that happens inside, if the washer/dryer goes out your first day you move in YOU are the one to replace it, same with all appliances and cosmetic issues. If I have to honor their rules, they have to honor MY contract and those who signed with the old company, which they are NOT doing. I followed ALL procedures to get my main problems fixed, but they refuse to even acknowledge my notarized letters for maintenance requests (only reason they are notarized is for the attorney I WILL have to hire when I leave). I only started out with ONE problem when they came in, which was bug spraying. The rest of these problems have stacked up since they took over because they refuse to fix anything. Mentioning the attorney part, everyone who's moved out has NEEDED an attorney because the moving out costs and reasons aren't even somewhat logical. There have been meetings at the city park for everyone who's moved out and planning to, and everyone's "cost" to move out are almost all the same numbers. Not to mention the things the new management company found wrong in each apartment when they moved out is the exact same on everyone's invoice! I've found all this new info 3 days ago at the meeting, and it's looking like they're trying to make up for everyone by moving out so they will scam who's left. Is there a case here? The former tenants attorneys seem to think so.
 
The question is- have you followed the proper procedure set forth in your lease or by state law?
If yes, you may have an argument to make.
If no, you are still at step 1.
 
"I followed ALL procedures to get my main problems fixed, but they refuse to even acknowledge my notarized letters for maintenance requests" Yes, I have done everything and anything that I can do, like I stated above. Now, fox (news channel) is getting involved. I know they're basically a joke, but when a news team wants to do an expose on how bad an apartment complex it is, it can't be great at all. I have already put a down payment on another apartment to move in a month, I'll pay for 2 apartments if I have to, but I can't stay here anymore. Plus, it'll give me time to make this apartment completely spotless and take photographic evidence so if they try and pull anything with me, like what they are doing to others, they wont be able to.
 
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