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Home > Law > Small Claims   »   taking ex-landlord to court

 
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Old Oct 16, 2006, 06:48 PM
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taking ex-landlord to court

Does anyone know Texas laws about air-conditioning? We moved into a rental house in July and found out the air conditioner didn't work. We informed the landlord in writing and verbally. Many people came out about the unit and said it needed to be replaced. In the mean time we bought a bunch of window units because it was in the 100's for 9 days and we were sooo hot! After 2 weeks of no air we sent a certified letter to the landlord letting him know that if he didn't get back with us and let us know when it was going to be fixed we were going to move. NO CALL...... so we moved. I took pictures of all the window units and have all the receipts. I have neighbors who will testify that our air was not working. I got ahold of the previous tentants who said they had problems all the time. I made several repairs to the home myself. (I have receipts) the landlord told me I could spend 200.00 to find another dishwasher and take it off the next months rent.. I found one for 30.00 and installed it. I am out so much money for moving (movers) switching my phone, calble, internet, electricity....and so on... The landlord said she didn't have a lease she just printed one she found off the internet. I paid cash for my deposit 1300.00 and 1000.00 prorated rent. I do have a receipt showing I paid. My husband spoke with the landlord on the phone and asked him "If we hadn't bought the window units where would we be?" He replied "I guess hot...." what kind of answer is that? The landlord also told us he would give us back our deposit. He didn't. I want to take him to court and get everything back. My first months rent, deposit and all the repairs the landlord said I could do. All fees for installtion... movers expenses. Is this possible?

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Old Oct 17, 2006, 04:19 AM   #2  
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Hello cars:

Every landlord gives his tenant a "warrantee of habitability". That, in essence, means the house is livable. In some places, air conditioning would be considered a luxury. In others, it would be considered a necessity. I believe air in Texas would be a necessity. Therefore, he violated the warrantee, and you can sue and you will probably recover.

Rent and deposit? For sure! Repairs and installation???? Maybe. Moving expenses??? No.

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Old Oct 17, 2006, 06:21 AM   #3  
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Just to add, even if you won't get back moving expenses, sue for them anyway.
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