Legal Question in Landlord & Tenant Law in Texas

i currently live in an apartment complex in arlington, tx. the apartment as of monday june 21 has not had hot water on the entire property. when i called and asked why this was they said they weren't sure as to what the problem was and that the maintence was out looking at the problem. i called the office more than once asking about the situation between monday and thursday. finally on thursday i call and talk with someone at the office and she advised me that the gas company was coming out to service. i asked at that time was the hot water going to be back on and she advised me that she wasn't sure but thought by friday or saturday it would be back on. this conversation took place on my lunch break at 12pm. i get off at 5 and by the time i got home there was a notice on the door saying that the property was going to go through rennovation as of july 1st. it also advised that we could stay thru this and they apologize, or we can break our lease but no other details. when i finally spoke w/ someone on monday i was advised this letter was an error and that they would still let me out of my lease with a 60 day notice. i then asked about the hot water situation and was advised that the gas company once again would be out to turn on the gas. as of today i still have not hot water and was advised by a neighbor while i was at work that there was a notice on the doors saying that the electric would be cut off as of tomorrow. i pay my utilities and rent directly to the office not to a seperate eletric or gas company. i finally got a hold of the office today and they advised me that the electric was not going to be cut off and that the gas would be back on on monday. i asked what gaurantee do i have and she said the bill was paid, and that they were borrowing money from a sister property. i need to know what my legal right are in this situation. my lease is up at the end of july, but don't feel i should be obligated to pay rent or utilities when i feel that not having hot water materially affects my health and safety. i have children, as well as pets, not to mention having to use my electricity to boil water to bath my child myself and my spouse. what recourse do i have in this matter.


Asked on 6/30/10, 6:26 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

My suggestion is this:

1. Keep ALL correspondence (memos, notes) that you've received from the apartment folks, ESPECIALLY the one saying that you can break your lease.

2. Start looking for another apartment NOW. Here's a good place to start:

http://www.forrent.com/apartments/TX/Arlington.php?cmp=KNC-GoogleTXDallasTest&jkId=8a8ae4cc247559b30124a6ad20557771&jt=1&jadid=4685888707&js=1&jk=apartments arlington texas&jsid=5291&jmt=1&&gclid;=CN-g7OSuyqICFQu0sgodqAxbxw

3. Find a cheap moving company. Here's a good place to start:

http://www.twomenandatruck.com/default.aspx?p=24I30B11382646gB9G4&a=arlington

4. Don't give these folks any more money. You need it for the move, and for the deposit at your new apartment.

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Answered on 7/01/10, 5:53 am


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