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Should I sue my austin landlord? Do I even have a case?

1,622 Views | 9 Replies | Last: 1 yr ago by SwansAg14
Gilbert McGee
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Has anyone ever sued a landlord/do I have a case?

Attempt at a long story short - twice went 2 weeks without any running water back in July and November, respectively. This was literally due to a normal amount of toilet paper clogging the main line both times. Both times resulted in water shooting out of my bathtub drain, sink, etc. and disallowed me from using these items. In fact, both times the plumber assured me that something that small shouldn't be causing major plumbing issues at all. Both times it took the property management company a week to respond to the issue and another week to fix them. I was told to contact the emergency line but the emergency line laughably sent me to a veterinarians office (no joke)

This February, my hot water heater went out in the middle of the annual 20-40 degree lows in austin. Again, it took them over a week to respond and another week for the vendor to get to my place. The vendor then broke my water heater, adding an additional week to me getting hot water.

I asked for 2 weeks off rent thinking that was fair if not favorable, but that request was never even acknowledged. I was told that they were "speaking with the landlord to remedy this" but I reached to the landlord personally, and he said they never contacted him. My lease is almost up, so I can tell they are just trying to blow me off.

Do I have a case? I've documented most of this stuff. I'm debating just not paying rent all, moving out, and suing retroactively.
stardustag
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You need a new place to live no matter what. Sounds like lousy landlord and a crummy situation. Not sure if you have a case though... not a lawyer... but I imagine you have to have some sort of proof for some real damages (physical or emotional?)?
Furlock Bones
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You likely don't have much of a case. Withholding rent rarely works out well for the tenant.

If you want to try, Your best bet would be to take him to small claims court.
BenFiasco14
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Save a situation where sewage flooded your apartment and it was literally unlivable for that period of time, you don't have a case.

Let's say you do have a case now. You sue the landlord. For what exactly? 3 weeks worth of rent?
CNN is an enemy of the state and should be treated as such.
jopatura
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Unless you somehow had to pay for repairs out of your pocket, you have no case. You can't withhold rent in Texas.

If the apartment was not habitable, your remedy would have been to give notice that you're moving out and the landlord would have to accept it without penalty.

Move out and move on.
AggieOO
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from reading, sounds like the management company is the one who sucks. Granted, the landlord/owner hired that management company, but if the management company isn't communicating with the landlord, then how's he supposed to know anything is wrong?
500,000ags
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1. Suing people is expensive.
2. You need to have damages.

I would cut bait and leave a trail online about your experience. Maybe save the next soul.
Gilbert McGee
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AggieOO said:

from reading, sounds like the management company is the one who sucks. Granted, the landlord/owner hired that management company, but if the management company isn't communicating with the landlord, then how's he supposed to know anything is wrong?
Yeah I should have worded that better. I tried to simplify it but might have made it harder to interpret.

You're correct in that the property management is who oversees the property. I actually reached out to the landlord personally and let him know "hey this property management company sucks and you need to be made aware of the troubles I have had largely due to their negligence (not the actual water issues but the fact that they take forever to respond, if they respond at all). He told me that what he was told was greatly exaggerated by them and that he was going to move on from them, but that unfortunately never happened.
Gilbert McGee
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500,000ags said:

1. Suing people is expensive.
2. You need to have damages.

I would cut bait and leave a trail online about your experience. Maybe save the next soul.
That's likely the approach I'm going to take. Just feel like I'm getting screwed over because I, as the tenant, held up my end of the contact.
SwansAg14
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https://atxtenantlaw.com
Aggie-lawyer that specializes with tenant-landlord issues
If it's still an issue, could be worth reaching out to her firm.
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