Do I file a complaint or a lawsuit?
2,582Recently leased a property. We were very specific in only looking for homes that had heated pool and hot tub/spa. This was the number one priority as me and the wife have back issues and we alleviate medical problems through use of pool and spa. House was listed as having heated pool and spa. Unfortunately, the property owner (the leasing agents parents...(another story)) had gas turned off, so there was no way to check working of gas heating system. We have repeatedly contacted the listing agent/broker/management agent (all the same person) about repairing the heater so that we can use the pool and spa. Listing agent/management company have basically given every response in the book short of 'it's going to fixed on such and such date'. We are now in the third month of the lease and the heater and aerator don't work. Previous repairs have taken weeks to get done. Agent provided home warranty and advised us to call them. We paid the 45 only to have them turn down repair.
Addtional Details:
- Oh, and I was bemused as to your \'rights as a tenant\' comment.\n\nI\'m well aware that Texas laws are heavily PRO-landlord, but legal issues aside, if you\'re an agent, and you list a property that has 20 acres, and I lease it only to find that it only has 10 acres, shouldn\'t I have some recourse? Why does everything involve attorneys (the lowest form of life on the food chain). I\'d much rather have my testicles hammered flat with a wooden mallet that bother with attorneys at this point. Guess it\'s off to the licensing boards.... not really fair, but the only reasonable solution at this point. - May 09, 2017
- Texas law doesn\'t provide for a court to \'force\' an owner to abide by the listing, but it sure does have rules on the agent that does the listing. That\'s the idiocy of Texas tenant laws. I can only force/legally make \'my own repairs and charge against the rent/lease\' for health related issues. However, the ethics and Real Estate laws have stiff penalties for agents that misrepresent the property, it\'s features, etc. Sad, but since she technically is the manager/agent/\'owner (parental)\' I don\'t have an issue going for license if she doesn\'t fix the property to the state under which it was listed. I\'m disgusted with her total lack of response or her disparaging remarks about me being high maintenance is starting to wear thin and I\'m losing my patience with something that should have been rectified before we even moved into the property. Then dumping responsibility on maintenance issues on a home warranty is total b***sh**. Just sayin\'..... - May 09, 2017
4 answer(s)
About 6 years ago
Mr. Smith,
Keep documentation of all the request for repairs in writing. Follow the Landlord Tenant Rights; If its not a property management company, that does not mean the Landlord is excused for being naïve to the TX State Laws. Unfortunately, the agent that represented you and is related to the Landlord; that person you should bring to TREC's attention. Just note; TREC will not take phone complaints. Everything must be in writing and you must submit 4 copies of all your discoveries or proof of what you are complaining about. We have a certain obligation to access all repairs within reasonable amount of time. (24hurs -7 days) depending on the situation. Unfortunately, unless you have lots of prior proof and medical proof; you are required to have rest in a pool of warm water; a heater not working is not an Emergency. You had mentioned that this is going on three months; March-April-May. These are not cold months. A bathtub would take less time to heat than a pool or spa. I know this personally, we teach scuba diving during Fall and the water is COLD by that time of the year....It takes about 1 hour just to get a standard size pool to warm up by 1 degrees...and that's if you have a good compatible size heater. If the pool heater is cheap, smaller, older, it will take much, much longer to heat up. In fact, it may not even warm up enough by the time you get out of the water. Base your complaint on the fact that the Landlord has not repaired the pool. First time they received your written Work Order Request, they should have at least responded back within 24 business hours and repaired it within 7 business days.
Try to keep all your communications in writing!
Good Luck and Good Health
Tisha
Broker-Owner-Landlord-Instructor-Course Author
TishaM@MREInc.us
Manta Ray Enterprises, Inc.
Ph: 281-578-8881
Keep documentation of all the request for repairs in writing. Follow the Landlord Tenant Rights; If its not a property management company, that does not mean the Landlord is excused for being naïve to the TX State Laws. Unfortunately, the agent that represented you and is related to the Landlord; that person you should bring to TREC's attention. Just note; TREC will not take phone complaints. Everything must be in writing and you must submit 4 copies of all your discoveries or proof of what you are complaining about. We have a certain obligation to access all repairs within reasonable amount of time. (24hurs -7 days) depending on the situation. Unfortunately, unless you have lots of prior proof and medical proof; you are required to have rest in a pool of warm water; a heater not working is not an Emergency. You had mentioned that this is going on three months; March-April-May. These are not cold months. A bathtub would take less time to heat than a pool or spa. I know this personally, we teach scuba diving during Fall and the water is COLD by that time of the year....It takes about 1 hour just to get a standard size pool to warm up by 1 degrees...and that's if you have a good compatible size heater. If the pool heater is cheap, smaller, older, it will take much, much longer to heat up. In fact, it may not even warm up enough by the time you get out of the water. Base your complaint on the fact that the Landlord has not repaired the pool. First time they received your written Work Order Request, they should have at least responded back within 24 business hours and repaired it within 7 business days.
Try to keep all your communications in writing!
Good Luck and Good Health
Tisha
Broker-Owner-Landlord-Instructor-Course Author
TishaM@MREInc.us
Manta Ray Enterprises, Inc.
Ph: 281-578-8881
Like (2)
DislikeAbout 6 years ago
I would go the complaint route first. Also the agent is not responsible for the owner's actions outside of anything written specifically in the lease unless they are also acting as the property manager. Typically leasing agents responsibility ends at the signed lease agreement. The Texas Property Code is accessible via internet and you can see all the requirements of your landlord and ways to cure the issue. Typically a short written notice with a copy of the page in the code highlighted will get the landlord to take notice. Also you can highlight areas of the lease that are not being adhered to. You must however put all complaints in writing and take photographs and keep copies in case you do need to go to small claims court. Best of luck!
About 6 years ago
Hi Craig, I'm so sorry to hear you are going through this. I hear your frustration and see we need to have some results, and fast. The HAR Realtor community has your back, thank you for reaching out to us. I would like to extend my support to you. My office has access to general counsel and I also serve as board member for the Risk Management Advisory Group for the Houston Association of Realtors. I would like to know the details of your transaction, and resolve your case. Please contact me at your earliest convenience at sibel@kw.com, or call me directly at 713-397-1999. Regards, Sibel.
About 6 years ago
Craig,
You have a couple of avenues. First, you have rights as a tenant. I suggest you consult with a Real Estate lawyer on options to get the heater fixed or released from your lease. Lawsuits can be messy and costly, so you may want to look at Mediation as an option. Your notes from a move-in walk through should help if you documented any at the time you took possession. Second, you can contact the Texas Real Estate Commission (TREC) and talk to them about a complaint.
I hope this helps you.
Michael Jobin
C&K Properties
713.545.2314
You have a couple of avenues. First, you have rights as a tenant. I suggest you consult with a Real Estate lawyer on options to get the heater fixed or released from your lease. Lawsuits can be messy and costly, so you may want to look at Mediation as an option. Your notes from a move-in walk through should help if you documented any at the time you took possession. Second, you can contact the Texas Real Estate Commission (TREC) and talk to them about a complaint.
I hope this helps you.
Michael Jobin
C&K Properties
713.545.2314
source:
https://www.trec.texas.gov/
https://www.trec.texas.gov/
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
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