League City, TX asked in Real Estate Law and Landlord - Tenant for Texas

Q: I've been dealing with my landlord for nearly 4 months to get rid of mold in the house. Can I start to withhold my rent?

1 Lawyer Answer
John Cucci Jr.
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Answered

A: Each landlord has different leases. Each lease has its own language and the lease rules on most issues, including habitability to some extent. Texas Property Code section 92.056, explains the terms and conditions that a landlord and tenant may agree to, regarding the health and safety of the apartment.

The best way to handle the problem is to take pictures of the mold, and attach it to a letter telling the Landlord about the problem. If you send it certified mail, then you do not have to send a second notice in most circumstances. Then you must wait a reasonable amount of time, to allow the landlord to fix it. After that you may go to court or start to have the problem fixed yourself, then demand the LL pay or deduct it out of the rent. Please see Texas Prop. code section 92.056, as there are limits to how much you can offset for repair cost from the rent.

It is always best to try to talk to your landlord, before you make any legal moves.

Good luck!

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