Legal Question in Landlord & Tenant Law in Texas

We found mold in our cabinet in our kitchen, we have lived here only a little over a month. It is definatly black and recently my 8 month old daughter had bronchiolitis (never been sick before). Should we just have the landlord fix it? I do not think they will do the job well. We also had a leak in our ceiling upstairs and now there is a black mark, not sure if this is mold or not though. What actions can we take? Who should test the mold if anyone? We live in texas and i know our landlord is responsible for this. Should we sue? Also, there is no leak in the kitchen cabinet, but black mold in the corners and alond the edge of the inside.

Asked on 3/29/10, 3:38 pm

1 Answer from Attorneys


You have to put your landlord on notice for him to be laible. When you moved or before you moved in did you do a walk through/list all the defect that was in hte apartment?. There in no document where it is written in Texas that your landlord is responsible when you have failed to do your home work. Your landloerd will argue that the mond developed due to your poor living habit. Please for the sake of life, espesially the baby, list all the defects in the apartment on a paper and pass the paper to your landlord informing him/har that your apartment in not fit for habitation. If no action is taken to fix your problem wiht a few days you will be excuse from your lease if your decided to move out. Act now before it is too late to preserve your right.

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Answered on 4/03/10, 5:37 pm

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