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3 Bumps

Will your heart break you if your 6 year old ask you this? Needing help for my family A.S.A.P.

 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
 
ladynell4god

Asked by ladynell4god at 2:20 AM on Feb. 12, 2013 in Health

Level 10 (464 Credits)
Answers (14)
  • First, DOCUMENT EVERYTHING!

    Then:

    Call your local building code enforcement. File a complaint. They will send out an inspector to assess the risk and then they can follow up with your rental company to enforce sanitary living conditions.

    Call the general attorney for your state and file a formal complaint. Write another certified letter to the management company and inform them that you have filed a complaint and sent a copy of that letter to the AG for your state along with your complaint and the first letter that you attempted to send.

    Usually when faced with a complaint to the AG they will make a quick effort to appease you. They do not want to go to battle with the AG.
    theMOMmission

    Answer by theMOMmission at 2:29 AM on Feb. 12, 2013

  • If you are on Section 8 housing, go to the county office. Show pictures and ask for a case worker to visit your house and assess the conditions firsthand. There are very strict codes against this sort of thing, and your landlord will be ordered to fix the problem immediately or lose all of his Section 8 money from every tenant in any of his properties. Look up your local Legal Aid Society, which offers representation, usually on a sliding scale at a very reduced cost, to those who can't afford to hire attorneys. If all else fails, go to the media. Contact your local television station.
    Ballad

    Answer by Ballad at 3:06 AM on Feb. 12, 2013

  • Call your county health department. IMMEDIATELY. Also call the fire department and code enforcement. This is a health and safety issue. You don't need a lawyer of your own because your lawyer can't throw the owners in jail. The county CAN.

    Contact the Red Cross for emergency housing.
    gdiamante

    Answer by gdiamante at 3:07 AM on Feb. 12, 2013

  • You are living in Public Housing? Section 8 ? Call 211 and find out if there is a tenants Union nearby and since you all became I think a Personal Injury attorney should help. Call the tx state bar association and ask for a contract attorney, find your lease, write down all your attempts to call by phone. I would call morning, noon, and right before closing every day. Ask to speak to the executive director of the housing authority. The bar association can give you the name of an attorney it will cost 25 dollars for 30 minutes. Or call 211 and see if there is a legal aid office. Good luck. Do you have a caseworker?
    booklover545

    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!


    http://www.tarrantbar.org/For%20the%20Community/LegalAid.aspx


    http://www.lanwt.org/


    http://texaslawhelp.org/


    http://www.tlsc.org/

    hellokittykat

    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.


    https://www.oag.state.tx.us/agency/weeklyag/2008/0508tenant.pdf


    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.


    http://www.avvo.com/legal-answers/my-apartment-in-my-opinion-has-been-uninhabitable--752061.html


    Landlord Tenant Law Guidebook:


    http://recenter.tamu.edu/pdf/866.pdf

    hellokittykat

    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


    http://www.landlord.com/state-habitability-statutes-by-state.htm


    hellokittykat

    Answer by hellokittykat at 6:20 AM on Feb. 12, 2013

  • hellokittykat

    Answer by hellokittykat at 6:22 AM on Feb. 12, 2013

  • Since your landlord sounds crappy, I would recommend terminating the lease because you don't want to face harassment if you continue making complaints and living there. I would still talk to a lawyer to see if you can sue the landlord for the medical expenses. Keep receipts and statements for everything (not in your home but maybe in the trunk of your car or at a friend's house since the landlord could access your home and destroy/remove your documentation). If you want to add some heat to your complaint, you might consider contacting your local news station and seeing if they could help put some pressure on this landlord and try to get the city investigators to work faster. Keep calling the city inspector every week to follow up on your complaint and follow up with an email or some kind of written communication if you can. Keep a timeline of every contact you make with all people.
    hellokittykat

    Answer by hellokittykat at 6:30 AM on Feb. 12, 2013

  • I must have missed it. What did your 6 year old say that you are asking if it would break my heart?
    Anonymous

    Answer by Anonymous at 7:09 AM on Feb. 12, 2013

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