Q: What are my chances of winning in JP Court after breaking a lease due to uninhabitable conditions where I had to a Doc.
The house was infested with fleas I was bitten over 80% of my body I went to the doctor I took pictures also sent them to the landlord without any response. He sent me a letter afterwards and also text me saying that don't mistake his kindness for weakness. Here in Texas the amount starts at 10 to $20,000 it's not about the money it's the principal. But the money will help because I lost time at work and I'm losing my job and having to move out and now I'm living in a shelter I have pictures of everything of my body and letters and documentations from the doctors and medication that I'm on and will probably be on for a very very long time it's cost me a lot of anxiety PTSD so forth and so on so. What do you believe my chances would be?
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A:
It was hard to determine exactly what you were asking about. Winning an Eviction trial, or winning a damages case for negligence or breach of contract by the Landlord when he refused to remedy the bug problem in your apartment.
If it is about an Eviction trial coming up, your lease will have the details about the landlord's obligations. If the landlord violated the terms of the lease, and you were harmed or suffered damages, you have a winnable case. However, without me seeing the lease, I can not tell you solid advice. Some leases give both the landlord & Tenant time to "cure" any lease violations or problems with the apartment.
If you want to sue the landlord, be sure you have given proper notification on any defects or other problems that you believe will cause you harm or injury. There are other issues you would need to locate in your lease, as Notice of a problem or danger, is usually written in a lease.
I hope this helps.
A:
It depends on whether you properly followed the notice and opportunity to cure provisions of the Texas Property Code and of your lease agreement.
As for anxiety and PTSD, I think it would be extraordinary for a JP or jury to find that either condition was proximately caused by flea bites even if you find a licensed psychiatrist willing to testify that your anxiety and PTSD was caused by them.
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