Quiet Enjoyment fighting with landlord

[guyen000]

Here is the story, after months of fighting with my neighbour above me for noise, I prematurely moved out of my current apartment as management has not put diligent effort to stop the noise.

Problem is I could not produce any proof tenant has been making noise because once cop or management notified and come over he already stops the noise. The only record I have during these times is I have been giving written letter to management and i dont know if it is possible to backtrace numerous police call I made throughout the year.

I eventually started complaining and relationship with management became sour.
Currently I am preparing to bring em to court but dont have a strong evidence that management has been negligent and abusive in handling my complaints. What can I do in this situation? One thing was impossible, I cant stay at the apartment where neighbour is bombarding and management would not do a shit.

The only tangible documents I could potentially used in court is written letter from them and my complaints in written form. They also have been extremely hostile when communicating with my through e-mail about the issue and also provided false property owners address numerous time when I asked which I could use against them in court.

I am planning to sue the property owner. I have never done this before and I found I can file a lawsuit against em in JP court but I wondering if it will be worth being represented by a lawyer. I asked couple of lawyers around my area who deals with tenant-landlord dispute but their rate is bit high than I wanted to be. (200$-300$ / hr), or should I represent myself. I am planning to at least consult with lawyer before going to court, but would it be necessary to be assisted by lawyer in court? Also, does the rate seem to be too high for this kind of dispute?

 

[mightymoose]

I'm not clear on what you intend to sue them for.

You said you moved out prematurely... are you trying to get deposit money back?

 

[army judge]

You have no basis on which to bring a lawsuit.
If you sue someone in JP Court, all you can receive is monetary damages.
You have none, other than those you brought upon yourself by vacating the apartment.
You're free to pursue this if you wish.
But, you'll only expend more money and time to pursue a unicorn!!!

 

[guyen000]

army judge please dont post on this forum.

mightymoose, i am seeking for the reimbursement of the months during which i was subjected to noise as a counter for their fine for vacating early. i realize it is hard to prove it and put a basis on, but after a whole year of fighting with neighbour for disturbing i had no choice but vacate the apartment and sue the management for not providing comfortable place.

From legal point of view, it looks like i vacated it for no legal basis, but one thing for sure, it was impossible to finish the lease term with the chronic noise condition.

i am going after property owner for lawsuit but they are not disclosing their address (although i was able to get it from tax appraisals office). once I confirmed their address and name i am going to start fight w the owner not the management.

they lied their address to me couple of times, but I found out according to property code, landlord must provide only owner has offsite office which in this case they have not. Then how do I go after the landlord if they have no offsite office? Anyone has done it before?

 

[army judge]

A litigant in a Texas JP court can be represented by an attorney. Most litigants choose to represent themselves.

 

[mightymoose]

i am seeking for the reimbursement of the months during which i was subjected to noise as a counter for their fine for vacating early.

You don't have a chance. You won't get it.

i realize it is hard to prove it and put a basis on, but after a whole year of fighting with neighbour for disturbing i had no choice but vacate the apartment and sue the management for not providing comfortable place.

Even if you could prove they made noise, that does not give you grounds to break your lease as you did. You did not handle this properly.

From legal point of view, it looks like i vacated it for no legal basis, but one thing for sure, it was impossible to finish the lease term with the chronic noise condition.

You can certainly try and argue that point, but don't expect to get far with it. You are certainly entitled to the quiet enjoyment of your home, however there are specific ways to address disputes with a landlord, and you jumped the gun with your departure.

i am going after property owner for lawsuit but they are not disclosing their address (although i was able to get it from tax appraisals office). once I confirmed their address and name i am going to start fight w the owner not the management.

Your dispute is with the management, not the owner.

they lied their address to me couple of times, but I found out according to property code, landlord must provide only owner has offsite office which in this case they have not. Then how do I go after the landlord if they have no offsite office? Anyone has done it before?

Who did you pay your rent to? Where?
Try your state's Secretary of State to see who handles legal matters for the business.

You really don't have much of an argument to make. I understand your frustration, but this is not a battle you should be fighting. You will lose. You had a much better argument to make BEFORE you moved out and broke the lease.

 

[Gail_in_Georgia]

Please be aware that if you attempt to file a lawsuit regarding this matter, the landlord/management will likely file a countersuit against you for breaking this lease.

Gail

 

[guyen000]

ok guys, thanks. looks like i aint getting any useful advice from this site, mostly trash replies. btw, moosy, if you think i should have acted before i move out, i did enough for whole year, and you can imagine what kind of string of retaliatory action the landlord would have done it to me as long as i reside the apartment as they are incredibly hostile and unscrupulous. therefore, I say no you dont wanna mess with the landlord while you are residiing in their property. common sense.
anyways, thanks every1. no further advice required.

 

[Gail_in_Georgia]

For future reference...

It appears you are trying to claim that the rental unit was "uninhabitable" due to the noisy upstairs tenant. There are steps that a tenant can take regarding the failure of a landlord to make "repairs" and attached is information for the state of Texas:

http://texastenant.org/repairs.html

Your problem would be proving to a court that quieting a noisy upstairs neighbor is 1. the landlords responsibility and 2. that this even took place (i.e., since your posting indicates when the police or management respond, the neighbor has already quieted down) and that 3. living in an apartment situation means that a noisy neighbor justifies not only breaking the lease but being able to sue the owner/management over this issue.

This is far harder to prove than say, suing managment/landlord/owner over failing to address a repair that has a direct link to causing a health or safety concern.

Gail

 

[mightymoose]

ok guys, thanks. looks like i aint getting any useful advice from this site, mostly trash replies. btw, moosy, if you think i should have acted before i move out, i did enough for whole year, and you can imagine what kind of string of retaliatory action the landlord would have done it to me as long as i reside the apartment as they are incredibly hostile and unscrupulous. therefore, I say no you dont wanna mess with the landlord while you are residiing in their property. common sense.
anyways, thanks every1. no further advice required.

The best advice anyone could give you in this matter is to forget about it. You were in the wrong for breaking the lease.
Sure, you tried to solve the problem first, but you did not have legitimate reason to break the lease. Your fear of retaliation from the landlord does not give you grounds to up and go when you choose without consequence. You did not handle it properly. Sorry.

 

[guyen000]

thanks gail i will think about that. moosy if u re not taking my side you re welcome to get the hell out of here and shut up. i posted here to give me a constructive suggestion.