Bogus concession fees? -- Bug infestation, Texas

[bbosborne]

I have completed a lease with this property in Arlington, TX and then signed another for 7mos and moved to a downstairs apt. We moved here in march 2011 and the lease is up in october... All of a sudden, at the end of april, we started having issues with bug infestation... I mean, multiple types of bugs literally falling out of the a/c vents all through the apartment!!! Absolutely unacceptable... Their suggestion was to put glue traps inside of the a/c vents instead of having them properly cleaned! And they insist on spraying, 1 sometimes 2times a week and I have been getting major migraines and severe nausea and it has nothing to do with the fact that I am 7months pregnant... I went to my doctor about the sudden onslaught of migraines and nausea and it is her diagnosis that all of this is a result of all of the chemicals being used and went so far as to write a letter recommending that they move us. We even asked them to move us to another apt. but they refused and also refused to let us out of the lease... until they got the letter from my doctor. Now they have let us out but they are requesting that we pay concession fees for the months that we have been here even though it is not our fault that we have to move! Can they require that we pay even though it was my doctors recommendation that we be moved from this unhealthy environment??? Please help me...

You had bugs in your place. They offered to put in glue traps. You didn't like that idea.

They started spraying, whether that was because you didn't like the idea of glue traps, or whether they wanted to do a CYA with you about the infestation, remains to be seen.

Perhaps they didn't have an available apartment, or perhaps that apt was getting sprayed as well, which --after they received a letter from your doctor-- would put them back in the same spot with you and migraines allegedly from spraying. I don't blame you for moving out.

You may want to write them and send it certified mail, return receipt requested, stating that you had to move out because the place had a habitability issue, and had your own personal doctor document that your illness was due to the spraying of pesticides.

They can request concession fees all they want. I think it's a bluff to see if you'll cave but I don't know all the details.

While you don't want to invite them to take you to small claims court, you do want to put them on notice that you don't owe them anything, if that's indeed the case and was reflected in your lease agreement (just cuz ya never know--the lease may have had special wording about pesticides or spraying for bugs).

[bbosborne]

Yes they offered to put glue traps in our air vents!!!! So the fumes and chemicals from those would be blowing into our home at all times... absolutely unacceptable! She never even checked for availability she just simply refused and also told us that she would not let us out of our lease for ANY reason... so that forced us to go over her head to higher management and now that they have no choice but to let us out, they tell us that we have to pay these fees plus whatever else they come up with after we move out! I could see if we just wanted to move out on a whim.... We actually love this apartment and didn't really have any intentions on moving so soon, but the bug problem has become bigger than we ever imagined... We have never had a problem with management or any bug issues before and for some reason she has taken all of this very personally! I just thought it would be a simple process of rectifying the situation... instead it has turned into a nightmare!!!

It might be time to see an attorney and see what your specific rights are in these circumstances. At the very least, the attorney might be paid to draft a cease & desist-type letter.

A lot of attorneys offer a free 30 minute consultation. Be sure you get one who is familiar with real estate law, tenant law, etc.

Do the specific fees they are demanding you pay have a specific name to them, and a breakdown as to what costs what? That would be handy for the attorney to have.

What this management company is doing to you is rude and unacceptable IMHO. Please post again and let us know your progress.