Like most college students, Janet and her friends sought affordable housing near the University of Houston to alleviate the financial and mental stress of being commuters. The four ladies found a house near campus rented by a private landlord and excitedly signed a one-year lease. However, within months of moving in, the maintenance requests had begun to pile up. The tenants were constantly dealing with a broken A/C during the Texas summer, sharing their already cramped quarters with rodents, and fearing sagging ceilings and leaking plumbing. The landlord used private property management companies to address such concerns and, to the tenants’ dismay, would not authorize proper repairs. Instead, she would only allow sub-par “band-aid” fixes, such as non-professional pest control services, which often created even more issues.
One of the tenants suffers from asthma, and another had begun to experience respiratory issues that she suspected were caused by the mold in their home. This quality of living naturally disrupted the students’ ability to focus on school. When talks of breaking the lease began to ripple around the house, Janet took initiative by contacting Lone Star Legal Aid to find out what their tenant rights were. LSLA attorney Pete Makopoulos-Senftleber took on their case and promptly sent detailed demand and litigation hold letters to the current and former property management companies on behalf of 3/4 of the tenants. During this process, even more repair requests were made, including a leaking refrigerator, broken fence, non-operational security system, and more mold—all of which made the tenants fear for their safety and health. All tenants had made the maintenance requests through the company’s online portal and followed up via email to no avail. Luckily, they had all saved their records of requests and correspondence, creating a compelling compilation of evidence in favor of the tenants.
Makopoulos-Senftleber then thoroughly explained tenant rights to Janet and advised her that the landlord has a reasonable amount of time to remedy such conditions (around 7 days) after receiving notice of the issues. Should the landlord fail to make the necessary repairs within that time frame, it is best for tenants to document all conditions with photos and videos to further prove their drastically worsening living conditions.
Though the students had moved in in August 2021, Janet and her housemates were ready to terminate the lease with no penalty by the end of February. She and her friends felt that their final stressful months prior to graduation should not be spent worrying over their decaying home and dismissive landlord. Within three weeks from the date the litigation hold letter was sent, a settlement agreement was reached, allowing all four tenants to break their lease early, receive a full refund of their deposit, $500 each in general damage, a full refund of their last month’s rent, and a mutual release of all claims—including obligations for certain repair costs as prescribed by the lease agreement. The refund process was expedited so that all tenants received these payments one business day after moving out.
Janet and her roommates were incredibly relieved and grateful for Lone Star Legal Aid’s assistance. They had felt that as college students, their case may not be taken seriously, and that asserting their tenant rights could have serious financial repercussions. Instead, they were able to move out mid-semester and focus on finishing their semester instead.
Lone Star Legal Aid is a 501(c)(3) nonprofit law firm focused on advocacy for low-income and underserved populations. Lone Star Legal Aid serves millions of people at 125% of federal poverty guidelines that reside in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties of Southwest Arkansas. Lone Star Legal Aid focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety and stability, health and well-being; and assisting populations with special vulnerabilities, like those with disabilities, or who are elderly, homeless, or have limited English language skills. Lone Star Legal Aid does not discriminate on the basis of race, color, religion, creed, gender, gender expression, sexual orientation, age, national origin, ancestry, disability, marital status, or military status, in any of its activities or operations. To learn more about Lone Star Legal Aid, visit our website at www.lonestarlegal.org.
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