Dear Leticia & Brenda,
First, I would like to express my gratitude to the front office staff, who have been incredibly understanding and helpful throughout this process. Leticia and the rest of the front office have been nothing but professional and supportive. I would like to ensure that no members of the front office team face any sort of repercussions related to this matter.
I also want to mention that I am currently in contact with another resident who has been similarly and severely impacted by this ongoing situation. We have both had to navigate this difficult period with significant out-of-pocket costs and disruptions to our daily lives. While I am outlining my personal request for compensation, I know this is not an isolated issue. As far as I'm aware, my neighbor and I are the only residents actively seeking resolution at this time.
It is my understanding that Caliza Apartments, owned by Greystar, is in violation of the Implied Warranty of Habitability. My living conditions have not met basic standards for safe and sanitary housing, and I'm seeking an appropriate resolution.
The Texas Property Code specifically provides that a landlord is afforded a reasonable time (stated to be seven (7) days) to make the repairs. We have endured being without hot or cold running water since December 29th, 2024, which far exceeds the seven days afforded. The Property Code permits the following remedies:
- Lease Termination.
- Deducting the cost of the repairs from rent.
- Other judicial remedies, including and not limited to:
- A judgement for civil penalty of one month's rent plus $500.
- A judgement for actual damages.
- Court costs and attorney's fees
Landlords are also expressly prohibited from retaliating against any tenant exercising these rights. While I would like to avoid unnecessary litigation or any further issues, the gravity of the situation is one that must be properly accounted for by Greystar.
That said, I want to formally outline my request for a fair resolution regarding the ongoing water outage, which has significantly impacted my household’s ability to live in safe, sanitary, and habitable conditions. I believe the current offer of one month’s rent abatement and hotel stay coverage does not adequately reflect the hardship we have endured.
This ongoing issue has impacted my household in the following ways:
- We have been unable to use basic plumbing functions such as bathing, washing dishes, or doing laundry in our own home.
- We have had to spend money on bottled water, laundromats, and other necessary accommodations due to the lack of running water.
- Being forced to move our entire lives into a much smaller space has been stressful and disruptive, causing undue strain on our relationship as a newly married couple.
- Our pets have been on edge due to the constant presence of maintenance workers in our home and the abrupt move to a temporary living space.
- Living in these conditions has presented significant hygiene challenges, discomfort, and health risks.
- I have had to call out of work twice this month and have either left early or started late due to the instability of our living situation, adding further financial strain.
- Both my spouse and I work from home, and our apartment was previously arranged to accommodate that with an extra room serving as a home office. Due to the temporary relocation to a much smaller space, we no longer have separated workspaces. This has significantly impacted our ability to focus and work efficiently. This has made an already difficult situation even more stressful and has severely impacted our daily work routines.
- While some repairs have been made, my unit still does not have full running water. As of January 30, 2025, I have hot/cold water from only one sink in the guest bathroom, but no water in the kitchen or other key areas. This means I am still unable to properly cook, clean, or do laundry in my own home.
- This means that, while partial progress has been made, my unit is still not in a livable condition, and I continue to experience significant disruption to my daily life.
To fairly account for the financial, emotional, and physical hardship this situation has caused, I am requesting:
- Five (5) months of rent abatement to reflect the prolonged disruption, ongoing stress, and the lasting impact this has had on my household.
- Reimbursement for all out-of-pocket expenses, including:
- Bottled water purchased for drinking, cooking, and hygiene.
- Laundromat costs due to the inability to wash clothes at home.
- Additional expenses incurred due to the uninhabitable conditions (receipts can be provided).
- Full reimbursement for our hotel stay, without a cap, as this was a necessary measure to ensure basic hygiene and sanitation.
- Professional cleaning services for our unit due to the debris and dirt tracked in by maintenance personnel during plumbing repairs.
- Given that my unit was uninhabitable for over a month, my January rent has not yet been refunded, and my apartments remains in a partially uninhabitable state, I will be withholding payment for February rent until this matter is fully resolved -- including both full compensation and verification that all water-related repairs have been completed.
Since we have yet to reach an agreement that fully accounts for the hardships endured, I expect that no late fee will be assessed during that time. I remain open to working toward a fair resolution, but I cannot be expected to continue making payments while my unit remains only partially functional and my previous rent has not been refunded.
I am happy to discuss this further if needed, and I appreciate Leticia forwarding this request to her higher-ups. Please confirm receipt of this email and provide a timeline for when I can expect a written offer of additional concessions as stated above. Given that this issue has already been ongoing for over a month, I would appreciate a response within 3 business days.
Thank you for your time and consideration. Again, I truly appreciate the efforts of the front office staff, who have been under an unfathomable amount of stress as the first-line responders to this calamity. I hope we can reach an agreement that fairly addresses this situation.
Sincerely,
Kevin Baugh
Apartment #7105
321-544-3512