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Why Repairs are so necessary in Senior Housing

For seniors with mobility problems, life without an elevator can mean much more than just being stuck on a single floor. It can mean missing out on vital activities like doctor appointment, shopping trips, and other necessary social engagements.
For several resident at Juliette Fowler Communities, a broken elevator meant going almost a week without delivered meals and fresh laundry. Luckily residents spoke out. They got in touch with the local news and were able to pressure on management and the elevator service provider. They were victorious and by the following Monday, the elevator was fixed
A link for the story is listed below:
http://dfw.cbslocal.com/show/cbs-11-live-video/video-3375296-broken-elevator-hinders-senior-citizens-at-dallas-apartment-complex/
Update: Because Tenants spoke out, they saw a working elevator the Tuesday after the story came out!

 

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4 Comments

  1. Sandra Akridge says:

    I’M 76, I RENT APT 412, CIMARRON CT, 18333 ROEHAMPTON, DALLAS 75252 FROM BRIAN MENDELSOHN PRESIDENT OF THE H.O.A. MARCH 11, 2016, THE 25 YR OLD, NON-CODE COMPLIANT HOTWATER HEATER BURST, FLOODING THE CARPET IN THE APT, CAUSING ME SEVERE PHYSICAL HARDSHIPS. WHEN I WAS 75 I HAD NO HEAT DURING THE VERY COLD WINTER OF 2015, BECAUSE MR. MENDLESOHN REFUSED TO ALLOW ELECTRICIANS TO REPLACE THE 25 YR. OLD HEATING UNIT UNTIL SUMMER AT WHICH TIME HE INCREASED MY RENT FROM $525. mo. to $550. mo. I LIVE ON $729. mo. Social Security. sandra.akridge@hotmail.com

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  2. Texas has a law that says the landlord has to maintain the premises so that it is not a threat to the physical health or safety of an ordinary tenant. In order to hold them liable under the law, you have to keep paying the rent (Unlike some other states, there is no rent withholding in Texas), and give notice requesting the repairs be made or the conditions be remedied. The notice must be in writing if the lease requires written notice (most do). You should be sure to date the letter, sign it, send it to whoever you usually pay the rent to, ask them to remedy the problem, and keep an actual copy for yourself. It’s also a good idea to send it by certified mail, return receipt requested.

    There are several reasons to do it that way:
    1) Landlords often take certified letters more seriously because they realize you are laying the groundwork to take legal action if they don’t respond.
    2) Certified mail, return receipt requested, gives you proof that the landlord received your letter. It is important to have more than your word against the landlord’s that you have requested them to remedy the problem.
    3) By law, if you send one notice by certified mail, return receipt requested, and they don’t respond within a reasonable period of time (which is presumed to be 7 days), your legal remedies are available to you — Briefly, your options include terminating your lease and/or suing in court, or using the repair and deduct remedy to hire someone (must be listed in the yellow pages or classified ad section of the newspaper) and deduct the cost off the following month’s rent. There are a few hoops to jump through before doing this, so please call us or contact an attorney if you plan to do this.

    You can read the repair law through our website at http://www.txtenants.org, click on Property Code, and go to Chapter 92. The repair section is in subchapter B. After you give the written request for repairs, you might also want to call the housing inspector in the city by dialing 311.

    If you have other questions and are able to come, we hold free tenants’ rights workshops in our office every Wednesday night at 6:30. We are at 8035 East RL Thornton, Suite 535. This is exit 52A off of Interstate 30 in East Dallas.

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  3. Jenny Hooke says:

    I live in TN but my daughter lives in Dallas, TX. Her apartment has flooded 3 times now during heavy downpours. She is in a complex with, I believe, 3 other units in her building. As far as she knows her unit is the only one flooding. It comes up through the slab foundation. The first 2 times were localized and they dried out the carpet and replaced the padding. Two days ago the water was 4 inches in the whole apartment. They said they were going to replace carpet and figure out the problem. They did not offer to put her up anywhere or replace any damaged furniture and other belongings. She stayed at the apartment last night even though the smell was bad enough to keep her awake and she feels sick now. This is her first apartment without a roommate, her first “real” job, and her first big renters problem. She has no money and very little time because she works long hours. Who should she call? She just wants out of her lease (which is up in July), someone to make sure it is safe to remain until she finds another place, and compensation for some damaged furniture. Where to start…..?

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  4. She can call us at 214-823-2733. We also hold free tenants’ rights workshops in our office every Wednesday night at 6:30.

    There is a process she can follow to hold her landlord accountable for repairs. See more below.

    Texas has a law that says the landlord has to maintain the premises so that it is not a threat to the physical health or safety of an ordinary tenant. In order to hold them liable under the law, you have to keep paying the rent (Unlike some other states, there is no rent withholding in Texas), and give notice requesting the repairs be made or the conditions be remedied. The notice must be in writing if the lease requires written notice (most do). You should be sure to date the letter, sign it, send it to whoever you usually pay the rent to, ask them to remedy the problem, and keep an actual copy for yourself. It’s also a good idea to send it by certified mail, return receipt requested.

    There are several reasons to do it that way:
    1) Landlords often take certified letters more seriously because they realize you are laying the groundwork to take legal action if they don’t respond.
    2) Certified mail, return receipt requested, gives you proof that the landlord received your letter. It is important to have more than your word against the landlord’s that you have requested them to remedy the problem.
    3) By law, if you send one notice by certified mail, return receipt requested, and they don’t respond within a reasonable period of time (which is presumed to be 7 days), your legal remedies are available to you — Briefly, your options include terminating your lease and/or suing in court, or using the repair and deduct remedy to hire someone (must be listed in the yellow pages or classified ad section of the newspaper) and deduct the cost off the following month’s rent. There are a few hoops to jump through before doing this, so please call us or contact an attorney if you plan to do this.

    You can read the repair law through our website by clicking on the Texas Property Code tab, and go to Chapter 92. The repair section is in subchapter B. After you give the written request for repairs, you might also want to call the housing inspector in the city by dialing 311.

    Like

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