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pests and bad conditions

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ndnicks

Member
What is the name of your state?Texas

This july my family (husband and toddler) moved into a new apartment building when our lease ended at a much more expensive building. We found the new place was so similar but that we would be paying nearly 200 dollars less (from 675+water) to 514 a month. Soon after, we discovered that the apartment we were given has numerous problems with it. There was a horrible ant problem in which they would enter both bedrooms through the windows. I would discover my son's window covered in ants, and many would enter our own window because both anthills were located directly in the seam between the ground and brick wall outside. After several complaints, at least 5 over the course of a two month period, maintenance properly tended to this issue, asking why the building management never put us on the extermination list. We said we'd reported it many times and all they did was repair a dent in the screen of my son's window, and spray a little on the outisde of his.

During this time we were also plagued with horrible ceiling leaks that ruined many clothes and special items in our master bedroom's closet. Things that cannot be replaced molded because they were stored in the closet's corner, and I discovered only some time later that there was a leak there.

The bathroom would leak at least every week, I or my husband would discover the floor covered with water and report it, either to management in the morning after putting a pot or pan to catch the water, or by calling the emergency maintenance line if it was after hours. Eventually, the ceiling began to mold, and maintenance was forced to remove the entire ceiling to fix the leakage problem this november, after three months of our complaining to the building that we needed the leak fixed.

The mold was very large, and covered at least a 4 foot length, by about 2 and a half feet. Several days later, a rancid smell appeared in our linen closet, and when I removed the clothing from it, mold was discovered there as well. The floor paneling was removed to find that mold was growing between it and the cement floor. The leak apparently had come from the air conditioning unit of the second floor apartment, and the mold ruined several clothing items. It took a week's complaining for them to investigate this and clean it, we had to deal with the smell for that long. It was comparable to a rotting animal being in our bathroom and the smell spread out into the hallway.

Last month when I was hospitalized for pneumonia and lung problems the doctor told me that if we had mold and leaks so bad the complex should never hav released the aprtment to us, and we should have been placed in another.

Sometime around the cutting of our ceiling roaches began to appear. I immediately reported this problem, telling them that I would find roaches in the bathroom often, and because of the location of our bedroom, there as well. Recently (2 weeks ago) I found them in the kitchen, growing and multiplying in numbers. There are cracks between the counter and shelves that they hide between. I cannot enter the kitchen at night without seeing at least half a dozen. Recently, I have discovered much larger ones dwelling here that hiss and fly, and it was only after phoning the emergency maintenance line and saying this that they agreed to visit us in the morning. The man's exact words were "Roaches? Do they fly?" I answered yes, and he said they would visit in the morning. He said he did not understand why we were not on the extermination list. I told him neither do I because I've reported this at least 4 times since I first noticed their arrival. We were always told they had put us on the list, would put us on the list, or would put in a work order to have it taken care of, but we had no results.

I keep my home spotless, or as spotless as I can with a small child. When there are spills they are cleaned, garbage is not allowed to settle, and dishes are washed each night in the dishwasher. I vacuum at least every two to three days.

Please, is there anything we can do? It's been one problem after another here. I've never had this kind of issue before, because I've never had to live around roaches, or breathe in mold, or deal with a management that lies to our face when we report problems. I would like a new apartment, or to get out of this lease to move into a better complex. Is it possible to?
 


ndnicks

Member
Update. My parents want me to file a complaint with something they called Aiken's army, the housing authority gave it to them. That and marvin zindler.

They first said in the office that i never came out to complain, then said oh well we handled the problem today didn't we? yes the maintenance man came today, but only after i contacted them personally. every time i tried to through the main office they said they put in the work order and nothing was done.

my son, who is staying with my parents over the next few days since they have sprayed here and i am worried he will get into it and become sick, has bite marks on him we believe the bugs are to cause for. I also have bite marks.

I am 5 months pregnant and do not want to bring my baby into a place that is infested. Will the complaints made get us into trouble with our building? can they do anything against us for it?
 

Who's Liable?

Senior Member
Everytime you want to complain to them you need to send them a CRRR letter stating your unit, the date, your signature, and what the problem is... This creates a paper trail... make a copy for your self and keep it somewhere safe like a friends place... When they deny you sent them a letter you can happily hold up your copy of the letter along with the confirmation of delivery sticker and ask them if they think the USPS is lying...
 

ndnicks

Member
I like that. Is there anything we can do about the other things though? They said the pest problem -will- be taken care of, and the maintenance man called them wood roaches..they appeared around the time of the rotting wood in our ceiling from the upper apartments leaks, and of course, the failure to fix it after our numerous warnings that it was leaking. I feel like it caused the roaches to appear. If they do not fix it what can we do? What is a 'reasonable amount of time' for them to fix it. My baby is due in May and I need it taken care of before then.
 
http://www.capitol.state.tx.us/statutes/pptoc.html

Ch 92.052 --statutes pertaining to repairs.

http://www.texastenant.org/topics/repair/repairs1.html This site is geared towards tenants...easy to understand with links to the statutes, etc.

Aiken's Army, Marv Zindler??? Are they local TV reporters who get things done? If you are in a large city check the phone book for local tenant organization.

As Who's Liable stated you must submit requests for repairs in writing so you will be starting back at square one it seems but will have more options to legal actions to force repairs.
 

ndnicks

Member
I'd never heard of Aiken's army before and think I am probably spelling it wrong because of it, but the reporter guy is wellknown in houston area for exposing dirty restaurants with infestations and helping renters with similar problems.

From now on Ill submit things in writing, starting with the roach problem
 

ndnicks

Member
update, pets dying

My bird which I would have for a year come this valentine's day died sometime between 9pm and 1am this morning. My husband woke up and found her dead and we've no clue what caused it. Seven days ago they sprayed out apartment with Ortho pesticide spray, it came in a yellow container and sprayed from a nozzle sprayer, not an aerosol sprayer. Prior to teh spraying I asked the man that came to do it if it would harm my animals, because if it would or had a chance of I would remove them and drive them to my parent's home. He promised they would be fine, and lo and behold she hasn't been the same since.

The vet clinic estimates the cost to autopsy at 100-200 dollars. She was a 100 dollar bird (cockatiel) plus her supplies, plus a year's worth of feeding and care. It's not the money that bothers me, but that she's gone and was a special gift for my wedding day.

I would like to blame the apartment building, since so many things have happened. My becoming sick and asthmatic then getting pneumonia, my husband getting a lung and sinus infection, now her dying when she had been perfectly healthy. For all I know, one of these poisoned roaches could have been eaten by her, or the spray had sickened her and she's just now died.

Because of the difference in cost, I don't know if I should spend it on the autopsy, because what if the apartment building wont compensate or even do anything. That would be money I could simply save towards another pet.

Does anyone have any advice in this situation? I really don't know what to do. Can the building be held liable or is it just my fault for stupidly not removing her from the premises? Have asked the building manager for a new apartment, but she claims none are open to give away. She also claimed this roach problem would be fixed yet I can't enter my kitchen (completely clean and scrubbed) without seeing them.
 
Oh my lord, what a nightmare! I am a Community Manager in Austin and I hear these horror stories of other communities all the time. Your management company has everything to do with your experience. Are you comfortable telling the forum who the Management company is? Maybe I can give you some insight into their loopholes...
 

ndnicks

Member
University Place Apartments in Huntsville, Texas, zip code 77340

I don't know anything else about them, but I hear the owners arent even in this state. I imagine that the house they live in has no pests, roaches, or mold but their managers and employees dont seem to care that we do.
 
Oh, I meant to ask you; did you sign a Texas Apartment Association lease (look at the top of your contract, does it say TAA on the top right)? If so, I'll tell you what paragraphs will get you out of your contract and recover your fees.
 

ndnicks

Member
Hmm, I'm not sure, I know there is a copy of the lease here somewhere, I'll have to ask my husband to take it out from wherever he stored.
 

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