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 8 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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