Cypress, TX asked in Landlord - Tenant for Texas

Q: Is landlord responsible for leasing a habitable place at time of rental.

I moved to a rental property Nov. 28 and have been killing roaches in every part of the house since I moved in. On Nov 29 I sent the property management a maintenance request for extermination as I cannot cook, put away anything in the kitchen or anywhere in the house because of the roaches. The property manager is refusing to exterminate because the lease says they do not exterminate. Is the landlord/property manager responsible for rendering a habitable place to tenant upon move in and required to pay the expenses to meet this requirement despite the lease saying they do not exterminate.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Yes, a residential landlord is required to provide habitable premises.

While a pest infestation can render premises uninhabitable, most pest infestations do not. It presents a fact question that will generally depend the nature and extent of the infestation.

There is a marked difference between seeing a few dozen roaches scramble for cover when the lights are suddenly turned on and thousands of them covering the walls.

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