What to do if I live in an apartment and the ceiling has been leaking and the leaks have been spreading for about a year?
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What to do if I live in an apartment and the ceiling has been leaking and the leaks have been spreading for about a year?
They finally offered to transfer me to a new unit but want me to pay the non-refundable deposit and non-refundable pet deposit again.
Asked on October 8, 2012 under Real Estate Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
They can only require you to pay the deposit and pet deposit again if they are going to refund your prior deposit so that you can apply it to a lease for the new apartment. Your landlord has a duty to provide a safe and healthy apartment. Leaks impair the use and safety of your apartment because it can cause water damage to the unit, to your property in the unit, or cause a build-up of harmful mold. It is their duty to fix it, not yours (unless you have a written agreement otherwise). You really need to follow the demand procedures to require them to fix your lease. Here is a link to a publication by the Texas Attorney General: https://www.oag.state.tx.us/agency/weeklyag/2012/0912rental.pdf They have other articles and publications on how and where to invoke your rights as a tenant on the AG's website.
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