| QUESTION: Can anyone recommend counsel in the Houston area (Montgomery, TX specifically) who specializes in Landlord/Tenant issues and/or Toxic Torts? My step-son's living room ceiling caved in last night (family had fortunately already gone to bed). It was a 5'x8' section of ceiling drywall and was soaked and loaded with mold and mildew. Soaked the sofa and carpet. Took them until 4 a.m. to get the debris out to the garage. It scares us and may explain why we have all been repeatedly sick since moving there in January. We know that mold liability is difficult to prove but we are concerned that ReMax, the Agent who they deal with re: paying their rent, won't put us in touch with the landlord who is out-of-state to get them into temporary housing. In a nut shell, we don't know our rights. Can anyone help? Thanks. ANSWER: 1. First of all take lots of PICTURES! 2. Second, document everything and maybe even try to get a report of the incident from a local law enforcement, or code enforcement agency; which in Texas would probably be the city housing and building code enforcement/ordinance office. They should try to see if an inspector will come out ASAP. 3. Next, I would suggest you contact the Red Cross to report the incident as a disaster that destroyed your home and see how they can assist. 4. Fourth, file a LAWSUIT IMMEDIATELY and possibly stop paying full rent. If you stop paying the full rent the landlords will file an eviction suit in which you can counter sue the landlord for damages. You can pay like $1.00 in rent and that supposedly disables the landlord from being able to lawfully evict, although landlord will probably file for eviction anyway! Evictions can damage your credit, get you locked out, get your stuff taken as a "lien" and more- so please be careful with that option! 5. Your family can also file what is called a constructive eviction (like a reverse eviction where the tenant petitions the court) in which you ask for damages, and to be released from the lease. You can also file a civil lawsuit pro se, possibly as indigent petitioners- if needed, and ask the court for an injunction, or order, mandating that REMAX find and contact the landlord and have them immediately repair the damages, and provide your family with suitable housing until the damages are repaired. I would also ask for monetary and punitive damages. I would style the Petition against REMAX and the landlord. They may have to search the property records, and do a people find search, to find out who, and where, the landlord is. To find a landlord/tenant attorney in Texas call the state bar referral line and ask them: (800) 204-2222. You can also check out this page: http://www.lanwt.org/Referral/2006/home.htm You may also contact your local housing authority to help you out. They have valuable information to give to you to use in court as well... They may even help by providing an attorney for your case. See also: http://www.texastenant.org/, http://www.consumer-sos.com/Texas/Landlord_&_Tenant/landlord_tenant.htm, http://www.tenant.net/Other_Areas/Texas/txlihs/tennotes.html |
Landlord/Tenant |