Houston, TX asked in Landlord - Tenant for Texas

Q: Our Landlord in the rented house is causing us mental fatigue, loss of health and other seriou issues. what we can do

We moved in about 3 months ago in a very large house 2950 sq ft. 2 story. Landlord told us to wait 2 weeks so that he can install carpets and fix other things. we said OK. After 2 weeks or so we moved in. Our AC was not cooling the second floor 3 rooms and downstairs 3 rooms. The garage door was broken and still is. Doors don't close properly and still don't. Ac is the major issue. In the past 3 months, we had been telling him that the house is hot and we are getting sick. My wife collapsed two times, my daughter dizzies, I had headaches, etc.

Landlord took 3 months to resolve this serious AC issue by letting us buy 2 AC units and replacing the breaker. This still does not solve the problem. The unit installed is 4 ton and for our size, we need 5 ton. Yesterday he wrote an eviction notice (not court-ordered) because we were few days late on rent (which I had told him before ). He is mentally torturing us

I would like to file lawsuit against my landlord. Please help

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2 Lawyer Answers
T. Augustus Claus
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A: If your landlord's actions are causing significant problems, consider these steps in Texas: document all interactions, review your lease, communicate concerns with your landlord, contact local authorities if necessary

1 user found this answer helpful

A: IMO you have a very weak claim against your landlord. I recommend you take him up on the eviction, move out, and find new premises that are more suitable for your needs.

There is a process to follow set forth in chapter 92 of the Texas Property Code if a landlord refuses to make necessary repairs to the premises. Your landlord also must follow a specific process to evict you for failing to pay your rent on time.

But given the vague health complaints you describe which will be very difficult to prove and amorphous nature of any compensable damages, I strongly believe the cost to you in attorney fees and legal expenses will be much more than any satisfaction you may receive from a lawsuit.

So your best, most cost effective solution in this situation is likely to move to a different home with a more powerful and more efficient HVAC system, and better ancillary features to control the temperature inside the home.

1 user found this answer helpful

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