We pay a premium to live in Frisco the house we are in, however, the owners, who live in California are not maintaining their home. It's very frustrting to be dealing with absentee owners and this is the first time we have dealt with an owner who flat out refuses to do maintenance on their property. These are two examples that we are dealing with right now. Beyond the HOA code issues, is this not a direct path for water ito the chimney chase and attic? would you do? We also have a water leak that comes through the wall and down the front window. It is entering somewhere where the front porch connects into the house and then goes down the wall cavity until it exits at the top of the window. While we are under a property managment company, the owners have declined to repair. What would you do?

aggiepaintrain said:

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fix it yourself or move

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Not a bad idea. I can handle the chimney. The front leak is beyond my ability since it would require demo. Can't move because we would lose a crap ton of money for the remainder of the lease.

First thing to do is from now on....

Communicate ONLY in certified/return receipt mail at USPS. It's a pain but crucial step in resolving this.

Second is never acknowledge receiving any written communication from the PMC or owner not sent certified return receipt. Open it, read it, but deny ever receiving anything from them.

Now you have a legal advantage.

Make an offer in writing to resolve the problems on a reasonable basis. Say You will manage the repairs for them. Give them 30 days to reply. Then at least you have legal documents to get out of the lease.

Long hard road in your shoes. Good luck

I'd venture to guess that they aren't fixing anything because they can't afford to.

I'd follow what plowboy and SteveBott said in this situation because even though they're things that should be repaired, they might not have to. The property code and lease agreement should (hopefully) clear up things like deducting rent for making repairs on your own or HOA issues that aren't the result of anything you did wrong.

https://assets.recenter.tamu.edu/documents/articles/866.pdf

I'm not a rental property expert, but can't you withhold rent in certain circumstances if the issue isn't resolved after the certified letter route?

IrishTxAggie said:

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I'm not a rental property expert, but can't you withhold rent in certain circumstances if the issue isn't resolved after the certified letter route?

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The short answer is "no". OP, read your lease. Is your lease the standard TAR lease? Paragraph #18 (B) of the TAR lease includes the phrase "Do not exercise these remedies without consulting an attorney or carefully reviewing the procedures under the applicable sections."

I am currently in a legal battle with a tenant over damage and repairs. My attorney has advised me that I am under no obligation to make repairs that do not "affect the safety of the home". He indicates things like hot water, sanitary/bathroom/running water and shelter are the only items "required". I am under no obligation to repair anything else.

In your situation, be AMICABLE. I cannot stress this enough. Landlords are more giving when the tenant is respectful. My tenant is a grade A *******, so I'm not doing s*** unless my attorney advises me.

Disclaimer: I am not an attorney and this is not legal advice.

A good roofer can fix both problems most likely, I don't know what exactly your problem is with the window, could gutters be overflowing? Window just needs re-caulking, seems like a lot of water, could it be coming from chimney via rafters in attic. Don't withhold rent.

There are probably some good Aggies on the DFW or Home Improvement board who can fix this or know someone who can who won't rip you off. I can't see it costing more than a grand, if that.

Obviously go with the band aid approach to stop the water no need to make it perfect. The chimney looks like an easy fix.

To clarify my first post, the time it will take to fight the land lord and leasing company would not be worth it to me.
Win or lose, you are out a lot of time.
The land lord may come after you if you let this fester and further damage occurs.

If this were my investment property, I'd fix it. If I was the renter and the landlord was an ahole. I'd fix it if the costs were reasonable like under a grand.

You should convince the seller in California to sell the house to me! I am a much more responsive landlord. Water penetrations are something I always repair. Letting them continue only creates a larger repair down the road that becomes more costly to repair.

All good info. I will update the thread later this evening when I get home with the specific lease language. The biggest irritation is we like the house in general and location. It has an awesome backyard and outdoor kitchen. The owners bought the home roughly 2 years ago as an investment property putting it in a family trust. They moved to California and mandated all service requests must be approved by them. The Management company isn't allowed to to do anything with approval first. It is clear they bought the home as-is and didn't plan on doing anything other than having it as an appreciable asset based on the Frisco real estate market.

Update: I sent a cordial but strongly worded email to the property management company 3 days ago outlining the issues plus citing the Texas Property Code and our lease. It obviously got someone's attention as the property owner flew in today and he, along with the management company Requested a home tour. I was more than happy to accommodate their walk through. I got to point out the issues and they got to see we are taking care of the property as would be expected. We'll see what happens from here.

Diggity said:

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Never withhold rent

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Not in the plans at all.

Did you get resolution?

You know...another thing that will get attention - that water intrusion could be allowing black mold to grow in your walls which you might have respiratory sensitivity to...

Aggiemike96 said:

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My tenant is a grade A *******, so I'm not doing s*** unless my attorney advises me.

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I guess I am too scared of a pissed off tenant ****ing up my property, so I'm always overly responsive - even when the tenant is an azz.

These are minor repairs, and the owner's management company should quickly repair. You might be barking up the wrong tree here.