Brownsville Herald

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The back of the apartment complex located at 424 East Levee is shown here. Residents say the utilities get cut off monthly and they have now been without gas for one month and without electricity or water for two weeks.

Deadlock: Tenants, landlord disputes over rent common

Last week, a building inspector was sent to 424 East Levee to investigate an apartment building where tenants were living without water or light.

The tenants and the Management Company, ARRCO Management Group, have been locked in a dispute over rent since the middle of November.

The dispute began after a few occupants failed to pay their rent on time. In response, management had the utility service disconnected, leaving all the building's tenants without service.

That a home was able to slip through the cracks without notice is not to suggest that the situation is common place, but it happens far too often, said Yasmin Thomas, program director for the Texas Tenants' Union, a nonprofit tenants' rights organization.

"There is no particular oversight," Thomas said. "It's pretty much a self-help domain."

Texas Property Code lays out guidelines for owners and occupants, but as Thomas points out, few renters are aware of their rights, making it possible for unscrupulous landlords to take advantage.

Tenants often willing to put up with a lot, especially if they are on a tight budget.

"The landlord knows some people are desperate and some people will pay to live in an inexpensive home," Thomas said. "That doesn't mean they're not entitled to a certain standard."

Tenants can always take legal action, according to Sergio Garza, paralegal for the Texas Rio Grande Legal Aid.

Garza argues many cases that pit tenants against landlords, something few lawyers are willing to do because they aren't particularly lucrative.

"A lot of landlords that just say ‘I have this building and I'll rent it out to you'," Garza said. "We have a lot of landlords that don't care about the laws because they're just typical Joes who don't know the laws."

Homes like the one at 424 East Levee don't receive state funding and are not subject to inspection. In fact, the city doesn't get involved until somebody complaints, usually a tenant or a neighbor.

Leonel Garza, assistant permitting director for the City of Brownsville, said his office receives several complaints every year, but acknowledged that many cases go unreported.

When complaints are made they are usually several weeks after the problem began.

"People call three to four weeks later and say ‘I haven't had power all this time'," Garza said. "We didn't they let us know?"

For the time being the inspection of the apartments at 424 East Levee have stalled. An inspector has visited the building a couple times this week, but found no tenants.

Without permission from either the tenants or the landlord the inspector was unable to enter the premises.

If the inspector finds code violations the owner of the building could receive a citation and possible a fine.

A tenant's best defense against abuses, Thomas said, is education.

"I think the missing element is knowledgeable tenants," Thomas said. 

Anelsen@brownsvilleherald.com


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