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Can a landlord deny repairs because of a lease being broken?

We have a big hole in our bathroom floor. Long story short, the shower pipes were never hooked up to a drain, so the bathroom floor is rotting and causing tiles to come up. We also suspect black mold. We first contacted them in April, and they said they would fix it.
However, they found out we had a dog in the house last week (1 afternoon... I re-read the lease and we did break it). Yeah, we will pay to shampoo the carpet and de-flea the house like the lease says, but now they say they wont fix the problem because of that.
Can they really refuse to fix a problem that was obviously there before the lease was broken? A family member who owns a rental agency says they cannot. Is there documentation that states this? We rent in TX.

 
serioussifL

Asked by serioussifL at 5:30 PM on Jun. 28, 2010 in Home & Garden

Level 18 (5,379 Credits)
This question is closed.
Answers (7)
  • because the pet was not the cause of the problem, I don't think they can. Now if the dog messed up something, I think they could deny to fix that.
    DarkFaery131

    Answer by DarkFaery131 at 5:31 PM on Jun. 28, 2010

  • I would imagine that would qualify as the apt not being livable, therefore by state/county law they have to fix it. Call the health department
    TheDiva320

    Answer by TheDiva320 at 5:32 PM on Jun. 28, 2010

  • As a rental manager, they would have to fix it, legally if the home/unit were occupied. But chances are, you will have to be out of the place when they fix it.
    As for the dog, you really need to be as honest as you want your landlord to be. Smoking and pets are the worst/hardest things to deal with in a rental. With smoke, everything is destroyed and yellowed. With a dog or a cat....wether they pee or not in the place, you will NEVER get that smell out of the carpet and sometimes the walls. They have to replace the carpet to fully get rid of the smell.
    With the rentals that I manage, if we find an animal that is not under lease (cat/dog) we break your lease, take your deposit to replace carpets (sometimes it costs more than what the deposit is worth) and your either evicted or you have to get rid of your pet.
    So I say cut your losses and move somewhere else.
    CAGirl4

    Answer by CAGirl4 at 5:46 PM on Jun. 28, 2010

  • Umm..no..it is illegal for them not to fix this issue. If you suspect black mold...call the health department and scedule and inspection. If black mold is found, they will be FORCED to find you another place to stay. The health department will force the owners to get the bathroom issues fixed. The dog being there, is the least of your concerns.
    offrdngal

    Answer by offrdngal at 5:34 PM on Jun. 28, 2010

  • since the dog did not cause it, i do not think so. and since black mold is very dangerous, call the health dept.
    jennifer588

    Answer by jennifer588 at 5:35 PM on Jun. 28, 2010

  • We are moving in August. I would pursue legal action, but we will be moving out of the country to another continent. Im just sick and sick of getting splinters when I pee. I shouldnt have to wear flip flops just to use the bathroom.
    serioussifL

    Comment by serioussifL (original poster) at 6:04 PM on Jun. 28, 2010

  • HE MIGHT
    mamaofficer

    Answer by mamaofficer at 9:07 PM on Jun. 28, 2010

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