HOUSTON – Tenants at the Cullen Park Apartments in Sunnyside are speaking out, saying they’ve had enough after dealing with dead rats in the walls, mold and faulty wiring.
A grandmother who is concerned for her daughter and grandchildren said she did not want to show her face out of fear of retaliation, but wanted to share what her family has been enduring.
“My daughter lives here. And she was told she had to leave the fire department a week ago with six babies,” she said. “She has no air, she has mold in the house, she has rats in the wall that’s dead. This is a problem that has to be addressed.”
The fire department reportedly told the family that the apartment was not livable.
“She has faulty wiring... The fire department told her she couldn’t live there,” the woman told KPRC 2’s Rilwan Balogun.
Attorney Rex A. Mann, who focuses on landlord-tenant disputes, says what’s happening at Cullen Park Apartments is not isolated.
“We see a lot of apartment complexes, landlords cheap out, not trying to maintain it,” Mann said. “They gaslight them, they threaten them... and most people are one paycheck away.”
What you can do under the Texas statute if you’re facing dangerous conditions in your apartment complex:
Under Texas Property Code Chapter 92, tenants are entitled to live in safe and healthy housing.
If there’s a problem with your apartment:
- Send written notice to your landlord – The first step is always to document your issue in writing.
- Wait seven days for repairs – If nothing happens, send a second written notice.
- If no meaningful repairs are made, you may be entitled to legally end your lease.
“If the landlord is not making any meaningful efforts to remediate, they’re not giving you a timeline that they’re gonna bring in the proper individuals to take care of that. Then they terminate,” Mann said.
Mann emphasized that tenants have a legal right to terminate their lease and even get paid, if they’ve followed all proper steps.
“If they’ve been paying their rent on time, if they have been giving notices in writing, you are entitled to terminate your lease. And demand one month’s rent plus $500. It’s a statutory penalty.”
For many renters, leaving an unsafe unit is easier said than done.
“It’s a heartbreaking situation for a lot of people. They don’t have options,” Mann said.
In such cases, you can file what’s called a “repair and remedy” claim in Justice of the Peace court even without an attorney.
“They can go to the justice of the peace in their local precinct. They can file a claim,” Mann said.
Justice courts in Texas have the authority to order landlords to make repairs for issues affecting health and safety, as long as the repair cost doesn’t exceed $10,000.
Don’t stop paying rent even if the landlord isn’t doing their part
One critical mistake tenants make is withholding rent when repairs aren’t made. Mann warns this can backfire badly.
“Don’t miss rents. If a landlord fails to maintain a habitability condition and you stop paying your rent to try and get them to act right, they can evict you for that even if you have a valid claim,” Mann said.
In Texas, your right to repairs is only valid if your rent is current and your notices were in writing.
The Texas Attorney General outlines several key rights for renters:
- You have the right to “quiet enjoyment” of your home — meaning your landlord cannot harass or remove you without cause.
- Landlords must repair conditions that affect your health or safety, like broken wiring, mold, or rodent infestations.
- If repairs aren’t made after written notice, **you may be able to:
- Terminate the lease
- Deduct repair costs from rent
- File suit to force repairs