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can a landlord evict you for withholding rent for repairs


Asked 454 days ago

landlord would not fix toilet that was leaking on floor
after 2 repair requests I finally replaced seal and took out the molded tile. a week after i said i would withhold rent he sent a kid with a plastic bag of tool,who was not a plumber to do the same repair i had done. I sent him away and asked for a plumber because it needed more repairs. He waited 11 days from the first repair request to send a plumber. I withheld rent for the cost of repairs and labor. He said since i sent the kid away I could not withhold rent and i pay or leave in 3 days.

2 Total Answers
Answer by JustlilMe212 on Sep 01, 2008 at 12:40PM
Your landlord may or may not be a bad guy. The Texas Property Code, clearly reads, that if notified by certified mail, the landlord has 7 days to respond. It's that simple.

Answer by newdurango195 on Oct 14, 2008 at 8:40PM
That is a sticky situation. While the landlord is obligated to make necessary repairs to your residence, you are obligated to make payments. Where it does get sticky is that a leaky toilet will be seen by many as an emergency and should receive immediate attention. However, you are not obligated to make repairs yourself, so by sending someone away (regardless of who comes to do the repair), you now assume the responsibility of that repair (not that I would agree with such a delayed response on the part of your landlord) If rent is owed, rent is owed, and the landlord can pursue it and/or eviction as the law dictates. The best way to try to avoid this kind of conflict is to contact management directly and go over all options. The severity of a repair like this is usually enough to get someone further up the corporate food chain to force action.

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