Thread title says it. I know many hate lengthy posts, so sorry it is long. I have talked to a couple attorneys but I am not loaded--just moved back to Texas after a very unpaid job so getting back on my feet. But came in with exceptional credit and rental history and don't want a deadbeat to ruin it. I have read Texas Property Code Chapter 92, and found a minimum of 3-4 violations, as have my real estate/landlord friends in other areas. I am in a north Dallas suburb. I AM current on rent and have already made appropriate improvements (ie replaced an old toilet seat with a new one, put up a naked window with a window covering). Keys not changed, no keyless deadbolt. Landlord (owner) refuses to respond to legitimate safety emergencies fashions Believe it or not, this is a lovely community of townhomes, most individually owned. A few leased. I wanted to live here because they were so nice. She has refused to fix some things, and most problems are due to negligence/neglect.

As a single woman, I no longer feeling safe. She will NOT provide me with an address (also a violation of the code) and cause for termination; I have twice asked. I have asked. She doesn't want to have any letters sent, etc. I have found her public corporation filing address now, but I know if I just say "hey, I am moving because you violated the lease, per _____," she will retaliate, try to ruin my credit, charge me, etc. What I want to know here is how to protect myself without thousands of dollars of a legal retainer. It cost me $5K to move in with rent/deposit/hook up fees. I can pay a lawyer for something like a demand letter or something, and that may be enough since I have evidence, but I am lost.

Generally, I'm the renter people want. I make the place better, live like a 92-year old woman (not kidding! I'm an educator), don't drink, smoke, have pets (or usually even guests). This is something I have never experienced. It's really been traumatizing event. I can't AFFORD to lose my deposit, or have my excellent credit ruined for doing nothing wrong. One attorney to whom I spoke called her a "slumlord," even though it's an upscale neighborhood. That was eye opening. I am really desperate. How do I leave, and assert the law that IS on my side?

I have contacted my JP office, who insists on email, and still have had no reply. I make too much for legal aid, but don't have money for a legal retainer. I am a single woman, the only family I ever had is deceased. Appreciate advice if you have any. Appreciate kindness if not. I know message board can be heated, but I have cried myself to sleep over this and I just can't take being beat up right now. It's so hard to reach out on a board like this, even with my fellow amazing Ags.

Thanks and gig 'em!

There's no address in the lease? I would think the lease would have an address for communications.

@Combat Wombat, no, only email and a phone. rent is paid by wire transfer or personal check into her account at a local bank and I text her a receipt. Below is the property code, which I include mostly in full with links, to show what I mean, but with the pertinent parts in bold. What I need is to be able to do this without her being able to retaliate. Legally I am sound, but she has few ethics. My entire source is https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm

Texas Property Code, Chapter 29, Subchapter E, Sec. 92.201.-

DISCLOSURE OF OWNERSHIP AND MANAGEMENT.
(a) A landlord shall disclose to a tenant, or to any government official or employee acting in an official capacity, according to this subchapter:...
(b) Disclosure to a tenant under Subsection (a) must be made by:
(1) giving the information in writing to the tenant on or before the seventh day after the day the landlord receives the tenant's request for the information;
(2) continuously posting the information in a conspicuous place in the dwelling or the office of the on-site manager or on the outside of the entry door to the office of the on-site manager on or before the seventh day after the date the landlord receives the tenant's request for the information; or
(3) including the information in a copy of the tenant's lease or in written rules given to the tenant before the tenant requests the information.
(c) Disclosure of information to a tenant may be made under Subdivision (1) or (2) of Subsection (b) before the tenant requests the information.
(d) Disclosure of information to a government official or employee must be made by giving the information in writing to the official or employee on or before the seventh day after the date the landlord receives the request from the official or employee for the information.
(e) A correction to the information may be made by any of the methods authorized for providing the information.
(f) For the purposes of this section, an owner or property manager may disclose either an actual name or names or an assumed name if an assumed name certificate has been recorded with the county clerk.

Sec. 92.202. LANDLORD'S FAILURE TO DISCLOSE INFORMATION.
(a) A landlord is liable to a tenant or a governmental body according to this subchapter if:
(1) after the tenant or government official or employee makes a request for information under Section 92.201, the landlord does not provide the information; and
(2) the landlord does not give the information to the tenant or government official or employee before the eighth day after the date the tenant, official, or employee gives the landlord written notice that the tenant, official, or employee may exercise remedies under this subchapter if the landlord does not comply with the request by the tenant, official, or employee for the information within seven days.
(b) If the tenant's lease is in writing, the lease may require the tenant's initial request for information to be written. A request by a government official or employee for information must be in writing.

Sec. 92.205. REMEDIES. (a) A tenant of a landlord who is liable under Section 92.202, 92.203, or 92.204 may obtain or exercise one or more of the following remedies:

(1) a court order directing the landlord to make a disclosure required by this subchapter;
(2) a judgment against the landlord for an amount equal to the tenant's actual costs in discovering the information required to be disclosed by this subchapter;
(3) a judgment against the landlord for one month's rent plus $100;
(4) a judgment against the landlord for court costs and attorney's fees; and
(5) unilateral termination of the lease without a court proceeding.
(b) A governmental body whose official or employee has requested information from a landlord who is liable under Section 92.202 or 92.204 may obtain or exercise one or more of the following remedies:
(1) a court order directing the landlord to make a disclosure required by this subchapter;
(2) a judgment against the landlord for an amount equal to the governmental body's actual costs in discovering the information required to be disclosed by this subchapter;
(3) a judgment against the landlord for $500; and
(4) a judgment against the landlord for court costs and attorney's fees

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What I want to know here is how to protect myself without thousands of dollars of a legal retainer.

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*assuming you are confident that you have the right to terminate based on your lease or the property code*

1. Read your lease on how to terminate.
2. Send that to the landlord using the address you have or the mailing address listed on the county appraisal district website.
3. Wait the specified amount of time (I think 30 days?) they have to return the deposit OR for her to evict you, whichever comes first.
4a. If she doesn't respond in the 30 days, sue in JP court for the deposit.
4b. If she does evict, bring evidence to JP court as to why she violated either the lease or the property code.

If you win, she cannot do anything to your credit or rental history since she won't have a judgment. Under no circumstances should you not pay the rent.

You need to be very formal with your requests and have to allow them time to respond and/or address them. If it is rekeying and keyless door locks, she is going to get it taken care of when she gets a certified letter. It would be stupid for a landlord not to.

Are you using a TREC lease form? You having to deposit the check for her is very strange. It also spells out pretty clearly the termination and has blanks for the landlord's contact information.

JB said:

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What are the safety issues?

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Yeah. I'm lost. Is this all over not getting keys changed (should have been changed before you moved in) and not having a keyless deadbolt (not a code violation)?

Safety issues include the fact that there is no power in one room (only bathroom) and she won't fix it (after written request). And there's no light (interior room). It went out not that long after water heater exploded and destroyed many of my things. Leak was huge, obvious to naked eye and there the first time I used hot water. She did not inspect.

Water damage soaked through wall to opposite side for 5-6 days. She also refuses to inspect.

There's a couple more, but no, I can't. I'm exhausted. I'm having bad dreams where I hear noises and think some old friends of the tenant just walked in (yes, keyless deadbolts are required) or that the power issues are related to the water and something will catch fire. Am I wrong? Maybe, but I can't live this way. I'm paying renton time or early, and high rentto be in fear.

I do not mean I'm a perfect tenant but I mean that I come with references that even say this from former landlords. But I do expect that the lease protects us both. Nothing has been fully functional and she won't even pick up the phone when I call. Only text. Repair of a leak took a month, another issue meant the house was not ready for my lease start date (but I still had to pay) and I had no running water during water heater explosion (again, first actual night here and the holes were so big it would have shown) and was displaced 4-5 days since the bathroom is upstairs and no water at all was running up there. I paid three weeks for a home I could not use due to it not being ready.

I need to just get out at this point and protect my credit and name. I don't have money to sue. I'm sick of the bad dreams and stress. This is too much to take.

Hope that helps bring some clarity.

Apparently I cannot message you? Can you shoot me an email at Realitywrites [at] gmail?

(I was an English teacher )

You know you can change the code on a keyless deadbolt, right? Pretty good odds they are still using the default passcodes. Look it up online. Google to brand and owners manual.

I'm not saying you'd be right, but you'd be able to sleep.

I just moved in. Water heater detailed below happened first night. She didn't reply for 12+ hours and didn't even call me.

The fridge was not ready on day lease was set to start (did not cool). I didn't even make THIS an issue, but it began a series of events. Leak in faucet was not fixed for a month (I pay water). So this was me discovering the things she didn't inspect. I didn't nitpick the small things like a window covering or toilet seat. But when all my things flood the first night and I get displaced the day I move in due to no water…. I get what you mean. Many of my friends in other cities are owners/managers. People are terrible and trash places, or want everything perfect like HGTV. I wish you could see what I mean.

I do not have one. I can't lock it from the inside at all to protect myself from anyone who may have a key from before. No code to change or I would!

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Under Texas law, it is illegal for a landlord to retaliate against you for complaining in good faith about necessary repairs for a period of six months from the date you made such a complaint. 92.331-92.335. Of course, you can always be evicted if you fail to pay your rent on time, threaten the safety of the landlord, or intentionally damage the property.

You do not have a right to withhold rent because the landlord fails to make repairs when the condition needing repair does not materially affect your physical health or safety. If you try this method, the landlord may file suit against you. 92.058.

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https://www.texasattorneygeneral.gov/consumer-protection/home-real-estate-and-travel/renters-rights

again...what does your rental agreement say?

Also - $34 for peace of mind: https://www.amazon.com/Security-eSynic-Professional-Adjustable-Telescopic/dp/B09FF8L4V2

Also Also - if you think there is water damage in your walls or elsewhere, call up someone like SERVPRO - let them come check and have them write a report - they'll probably do it for free, especially if you explain your situation. This would provide you some good documentation. If you have any amount of respiratory issues, this would help your case.

So you have some rooms with power and some without...is this just a tripped breaker or two? I would also make a video of all the issues, noting the date, and do it weekly to show it getting worse...

You might also try to get some help here: https://www.taa.org/renters/

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Although there are some specific exceptions, under the Texas Property Code Chapter 92, Subchapter D, a dwelling must be equipped with security devices such as window latches, keyed dead bolts on exterior doors, sliding door pin locks and sliding door handle latches or sliding door security bars, and door viewers. 92.153.

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Is a door viewer a peep hole?

I would assume so...I'm not a lawyer or property person, just some dork on the internet with some common sense. I know in my apartment days, we had a sliding glass door on ground floor that opened to our luxurious 5 sq ft cement landing area. It did not have a lock on it, but the property provided us a metal pole to lay down in the track so you couldn't slide it open. I recall landlord said that met code. /shrug

Were you provided a checklist to note all issues you found PRIOR to move in? Doesn't sound like it.

Did you look at the place in person? Did you ask about the appliances? Did you do your due diligence?

I hope you get it worked out to your satisfaction.

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yes, keyless deadbolts are required

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I'm pretty sure the OP means "keyless bolting device." That means a chain or bolt lock installed on the interior side of the door that cannot be disengaged from the exterior side of the door.

Or a single sided deadbolt.

I've been building apartments for 15 years. Every entry door has always had a doorknob, above that, a keyed deadbolt, above that, a single sided deadbolt

You don't see that on older apartments or on many single family houses.

Don't know if it's required by the government. Either way, a landlord should change out the locks with a new tenant if they ask for it.

But, for under $100, you can go to Home Depot and do this yourself. Or call a locksmith and spend a little more. You shouldn't have to pay for it, but it would certainly be easier than fighting a a crappy landlord

Kwikset smart key lets you rekey your locks in 5 minutes. You just need new keys and a little metal piece that you slide in the lock set. Super easy and just the cost of the new keys.

We always rekey for new tenants.

dubi said:

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Kwikset smart key lets you rekey your locks in 5 minutes. You just need new keys and a little metal piece that you slide in the lock set. Super easy and just the cost of the new keys.

We always rekey for new tenants.

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Me, too. 100% worth the money.