January 13th 2013, our sewage backed up in our home. I immediately notified management who came to access the maintenance emergency the same day. Their response was we will have this taking care of today: we are calling the plumber. Wednesday February 13th will be 30 days. I have tried in my power to get help from my city and county to enforce my manager to fix the plumbing, clean-up the sewage, and replace both the bathroom tiles and carpet in my bedroom, closet, and bathroom. The sewage water covered the bathroom floor, which flowed onto the carpet in my bedroom and closet soaking and suturing the carpet. The carpet dried about 2 weeks ago, and management did nothing. The carpet is now badly stained and seems to be discolored. The few dirty clothes in my linen closet were also saturated, which has now caused black mold to grow inside on the wall. I complained to management, and also hand delivered a signed maintenance request letter giving 7 days to fix and repair the problem: I also mailed a certified letter and they refused it. The strong scent is now smelled over the entire apartment. We all had to go to the ER, in which the nurse and doctor thought we had the flu. Since all my children had a flu shot, after testing we were all diagnosed with a viral infection. From throwing up to diarrhea, high and low-grade fever, bleeding nose, dizziness, headaches, sinus problems, irritated skin, nauseated, to burning cramping bubbling stomach aches, and those with asthma condition has somewhat escalated . My six year old seem to be affected the most, as well as me. I received a call from the school nurse telling me to come get him because he was throwing up constantly. I took him to see the PCP, which he is now going to have the entire family tested for allegiants and mold. I asked for the name and information to the owners, and they refused to give it to me. One neighbor told me she too had to wait 30 days when sewage from someone’s apartment flowed into her home. So far, I have had no luck with legal representation, because it’s hard to found lawyers in our area who handles this type of legal case. My children and I are constantly getting sick, as well as others who come over to visit. Management never offered to put us in a temporally apartment nor hotel. Anyone who experience this type of legal issue and had a good attorney, please post the information. Please, please I need representation a.s.a.p because my children and my health are in jeopardy. We live in north Texas and need someone who is willing to take the case up front pro bono and get paid later after case is won. We are stuck here because this is a housing complex (we are on housing): the landlord knows we can’t afford a lawyer. They steam vacuum our entire apartment, sprayed it with a spray that smelled like gas, and left it as that. Nothing has been done since, and when I went in and paid my rent they gave me the cold shoulders. We shouldn’t have to live like this: I’ve lived in these apartments since 1993. We appreciate any help received. Thank you!Answer Question
Answer by theMOMmission at 2:29 AM on Feb. 12, 2013
Answer by Ballad at 3:06 AM on Feb. 12, 2013
Answer by gdiamante at 3:07 AM on Feb. 12, 2013
Answer by booklover545 at 5:42 AM on Feb. 12, 2013
I agree. Document everything first with videos, witnesses and lots of photos. Contact Legal Aid asap!
Answer by hellokittykat at 6:04 AM on Feb. 12, 2013
Also agree with contacting the attorney general. See their pamphlet here, which includes their website in it.
Avvo.com and Legalmatch.com are also good sites to shop for a lawyer or try to get some free advice. Be sure to ask about a Contingency Fee arrangement (lawyer gets paid if you win). I would try Legal Aid first to see if you qualify for free help.
Landlord Tenant Law Guidebook:
Answer by hellokittykat at 6:13 AM on Feb. 12, 2013
Texas Stats Property Code, Title 8, §92.052, §92.056
The landlord is obligated to repair any defects in the premises caused by normal wear and tear that affect health and safety, or that cause a failure to supply hot water of a temperature of 120 degrees.
Remedy for breach
The tenant may, when the landlord fails to make needed repair after having been given reasonable notice, do any of the following: · 1) terminate the lease
2) have the condition remedied and deduct from the rent
3) sue for damages and injunction (court ordered) to do repairs not exceeding $10,000
Answer by hellokittykat at 6:20 AM on Feb. 12, 2013
General Legal Navigation regarding tenant rights:
Some Very Good Tips:
Answer by hellokittykat at 6:22 AM on Feb. 12, 2013
Answer by hellokittykat at 6:30 AM on Feb. 12, 2013
Answer by Anonymous at 7:09 AM on Feb. 12, 2013
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