No help for tenant until Tipline called

AUSTIN (KXAN) - Melissa White and her 3-year-old son knew they were in for a rough summer when no air conditioning in July seemed like the least of their worries.

White waited for the better part of a month for the managers of the Meadowood Apartment Complex on Middle Fiskville Road in North Austin to fix their cooling system. Meanwhile, she and young Emmett endured restless nights in the sweltering Central Texas heat.

“My son wasn't sleeping at night, not taking his naps,” said Melissa.  “We had to strip him down. I'd go and spray him with a water bottle and they didn't do anything."

And then, it really got bad. The rains in late July that brought a little relief from the heat caused an overhead leak that began to blister and bow the apartment unit ceiling. The blister got larger and larger -- before giving way with drywall debris, pink insulation and sundry crud crashing down on the living room and dining area.

• Photos: When the ceiling caved in

There was daylight beaming down through hole, the appearance of mold, a mess and a wide-open entrance for vermin.

White said she called the managers every day. And every day, nothing was done.

“They (didn't) care that I have a 3-year-old that could breathe in that mold and could become very ill and there's nothing I can do,” White said.  “I've got onto them every day and they just, they don't listen,” she continued.

Fed up, White emailed investigates@KXAN.com

Immediately upon seeing the danger in Melissa’s apartment, KXAN called the City of Austin Code Compliance Department . Inspectors arrived within minutes, examined White’s apartment, and spoke to the management at Meadowood. 

Suddenly, that gaping hole in the ceiling got some attention. 

“It comes down to management not being responsive,” said Melissa Martinez, code compliance division manager.   “When you're not responsive, you know, you go from a situation that could turn into substandard conditions and then into dangerous conditions."

 

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Know your rights as a tenant

 

• Under Texas law, tenants have a right to demand that the landlord repair any condition that materially affects their health and safety. By renting you the property, the landlord guarantees that the unit will be a fit place to live.
• Justices of the peace have authority to order landlords to repair or remedy conditions affecting a tenant's health and safety, as long as the cost of the repair does not exceed $10,000. Tenants can go to justice court without an attorney to obtain a repair order.
• If the landlord won't make repairs needed to protect your health, safety, or security, and you follow the procedures required by law, you may be entitled to end the lease; have the problem repaired and deduct the cost of the repair from the rent; or file suit to force the landlord to make the repairs.
• If you have a problem getting a problem fixed and your landlord won’t help, you can call 3-1-1 to report the problem and request a code compliance inspection. Austin residents can also find more information on landlords' obligations and their rights as a tenant on the city's website .

 

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In their report, code compliance officers described the hole as 5 feet long and 5 feet wide. They ordered loose insulation and the damaged area to be cleaned-up immediately.

They also noted all interior surfaces must be maintained in clean and sanitary conditions, and cracked or loose plaster, decaying wood and other defective surface conditions immediately corrected.

KXAN wanted to talk to the management at Meadowood but when we arrived, office staff scurried. Instead, we were put on the phone with Robbie Burns of Legend Asset Management in Arlington. Burns didn't seem to understand the urgency of the situation and sarcastically asked, “Is the media investigating leaking roofs now?” 

However, the city’s code compliance department had a different reaction.   

“Until the code investigators got out there, management had not responded,” Martinez said. “Once we were able to talk to the property owner, things have moved forward and it looks like the repairs are taking place.”

Those code compliance officers were told by the apartment management Melissa White’s ceiling would be textured and complete on Aug. 29. We went back on Aug. 31 and the work was still not complete. Finally, as of Sept. 1, the work was finished. 

Burns said the complex was recently purchased by new owners, although she would not say by whom. Property records show the complex was formerly owned by Texas Bay Northcape, LP of California and is now owned by the San Antonio Alternative Housing Corp.

The Meadowood complex, now called Mira Vista under the new ownership, has had 23 complaints and 10 code compliance violations cited so far this year. Burns said contractors are used for repairs and work permits may have slowed down the progress toward repairs on White’s unit. 

The complex now has more than 20 work permits active for repairs throughout the complex.