Real Estate Law (esp. Landlord-Tenant)/Dry Wall Dust in Rental Unit

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Question
My boyfriend and I have been having a dust issue for three months in our rental apartment. It was ignored for quite some time until about two weeks ago our landlord sent duct cleaners out to clean our ducts. They confirmed that it was drywall dust, yet the problem still exists. Our furniture, clothing, everything we own is covered in dry wall dust. Not only is this an incredibly frustrating issue to due to cleanliness issues, I have also read that it is very hazardous to your health to breathe in for a short amount of time, let alone the three months we have been dealing with the issue. Every morning we wake up and our living room and second bedroom look like someone is smoking in it, that is how much dust is circulating in the air. They are refusing to have our air quality tested and the only solutions they have provided us are to move into an apartment that is much more rent than we pay now - or steam clean the carpets without solving the issue, which means it could arise at any point in time again. What are our rights here? We have paid our rent on time each month, even though they have neglected to rectify the issue and obviously have zero concern for our well being.

Answer
Hi Alexa,

Depeding on Texas state law, you may be able to hire a professional to make the necessary corrections, and deduct the amount of the repair from your monthly rent. But you generally must make written demands to the landlord first. You should check Texas law prior to taking any action. Here is a link to TX law:

https://www.oag.state.tx.us/consumer/tenants.shtml

http://www.statutes.legis.state.tx.us/SOTWDocs/PR/htm/PR.92.htm

Thanks for your question!

David Piotrowski
Attorney at Law
http://www.AttorneyDavid.com

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Real Estate Law (esp. Landlord-Tenant)

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David Piotrowski, Esq.

Expertise

My landlord/tenant practice primarily assists California landlords with all aspects of the landlord/tenant relationship including leases, contract violations, non-payment of rent, and evictions. I can also advise, on a more general level, other real property issues.

Experience

Please visit http://www.AttorneyDavid.com or http://www.facebook.com/david.piotrowski.attorney for more information on my practice.

Education/Credentials
Juris Doctor (JD) and Member of the State Bar. Attorney.

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