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Tenant's rights question

Discussion in 'BBS Hangout' started by mtbrays, Jul 30, 2010.

  1. mtbrays

    mtbrays Contributing Member
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    I know this may seem a little out of place, but I know that we have some smart minds here on the BBS. I'm in the process of moving out of my apartment and for the past week, an electrical problem has been causing the building-wide fire alarm to go off regularly. Normally, this wouldn't be a problem, but the interior hallways of the building echo and it sounds like an air raid siren directly next to your ear. You have to evacuate to simply not throw yourself from a window.

    It has done this six times in the past week, including four times in the past 24 hours. It went off at 11 p.m., 4 a.m. and 10 a.m. last night/this morning. The fire department has to come out every single time to turn off the alarms since it's obviously an electrical problem that's being neglected by the property management.

    My question is does the management company have any obligation to the residents for degrading the quality of life in the building, like a full refund of a security deposit? I move out tomorrow and this company is notorious for taking entire deposits no matter what amount of cleaning is put into the move-out, so I'm very frustrated at the fact they're not letting anybody sleep to get the energy required for moving furniture and cleaning. I'm seriously running on fumes.

    Thanks in advance and in before "Cool story, bro!"
     
  2. G0 R0CKETS

    G0 R0CKETS Member

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    "Cool story, bro!"
     
  3. wekko368

    wekko368 Member

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    Sorry, but I think you're out of luck. You have no leverage against them and they seem to be shady as it is.

    Hopefully, it wasn't a large amount.
     
  4. bnb

    bnb Contributing Member

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    They'll likely have exposure to a fine/penalty from the fire department for false alarms. I doubt they owe anything to tenants for having 'too loud' a fire bell.
     
  5. Surfguy

    Surfguy Contributing Member

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    I doubt you have any real recourse...but I would like to see the case argued on Judge Judy and see what she has to say about it. "Sir, listen to me! Your security deposit has nothing to do with the quality of sleep you got because of a fire alarm going off multiple times due to faulty electrical wiring. YOU'RE NOT HEARING ME, SIR!!! DON'T SAY ANOTHER WORD!!!"

    This one time I was staying in a semi-nice hotel and, when I checked in, noone informed me that the big empty grass field next door is an overnight bird sanctuary with all kinds of birds congregating and chirping all damn night long. I didn't sleep a wink and had a big job interview the next day. It was probably the worst sleep night of my life and I just couldn't believe they let hotel guests put up with that. It literally started at sunset and ended at sunrise. I didn't try to get my money back (probably wouldn't have gotten it back anyway) because I was a walking zombie just trying to get to the interview at that point.
     
    #5 Surfguy, Jul 30, 2010
    Last edited: Jul 30, 2010
  6. JuanValdez

    JuanValdez Contributing Member

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    I used to work for an apartment management company. In Texas, you have little recourse besides taking your business elsewhere. They won't be giving you any money for the fire alarms. You could try complaining to the fire marshal about dangerous conditions to get the management in trouble, but the FD is probably already as annoyed as you.

    As for the security deposit, if you're confident that they won't give you your security deposit anyway, you may as well trash the joint. :cool:
     
  7. Mulder

    Mulder Contributing Member

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    Security deposit and this issue are not really related. You may be able to make a case for non-payment of a portion of this month's rent but since it was already paid and this is your last month and that is a debatable issue, probably not.

    Check out http://www.rentlaw.com/texaslandlordtenantlaw.htm and http://texastenant.org/index.html for some information, especially regarding the security deposit, a move in/ move out check sheet, etc.

    http://texastenant.org/security_deposit.html specifically.
     
  8. SuperBeeKay

    SuperBeeKay Member

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    Either way, this is a useless post.

    That sucks, honestly I think you have a right to file a complaint because it seems like its not just you that is being affected by it, but the whole complex
     
  9. Child_Plz

    Child_Plz Member

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    Do you stay at one of big apartment complexes in Austin? Because the one across the street from where I live has had that same problem for a few weeks now.
     
  10. JuanValdez

    JuanValdez Contributing Member

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    Yeah, that's not going to work. At my old company, management would not even listen to your complaint if you tried to withold rent. Unless the complex is dying to find tenants, they'd rather evict you (which is easy in TX) than be held hostage over rent money. And, since they already have the money and no hope of future revenue anyway, you'd need to sue to get any money from them.

    Since the problem affects all tenants, maybe you can organize all your neighbors to engage in some civil disobedience. Do a mass sit-in in the leasing office, with some misspelled signs and catchy chants. Burn some cars, get on the news, and then you can put pressure on them to make amends for the fire alarm.
     
  11. Mulder

    Mulder Contributing Member

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    Just camp out in a lawn chair on Saturday and Sunday in front of the leasing office and tell people coming in that you shouldn't rent from them.
     

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