Complaint Review: SHLP Stoneledge - Grapevine Texas

Justified early termination by tenant

Since 2014, I have had an ongoing conflict of shocking proportions with SHLP –Stoneledge (Simpson Housing) that might serve as a warning to whomever seeks to rent at this Grapevine complex. That rental is in appalling contrast with my prior and post-Stoneledge history of excellent home-office rentals. I am a foreign-born professional teacher with a 27-year career, have always paid rents on time, complied 100% with contracts, observed all rules and obligations; here is a summary of my experience renting at SHLP-Stoneledge:

< I rented a 2-room in 8/2014, as home office for online business and private use.

< Signed lease for favorite 3^rd floor apartment, on move-in day it stank of smoke (tobacco, drugs?) and I rejected it; 1^st conflict with manager - she denied odors … I should have stopped right there, called witnesses to record odor, cancel signed lease.

< Was given apartment on 2^nd floor instead – soon after found that tenant on 3^rd floor above my apartment bounced sports ball daily on the hardwood floors.

< Between 8/2014-12/2014 no helpful resolution by management to noise issue; she offered 2 inconvenient apartments (higher prices) and suggested I moved out (my cost). I pointed to the contract, asked for mediation to enforce clauses. I tried to discuss politely with the male tenant who was playing sports above my ceiling; but after a temporary disruption, the noise restarted and intensified. Contract and written complaints were ignored.

For 4 month the tenant continue the noise harassment that affected me like a health hazard; I felt sick (I had pre-diagnosed heart conditions). Headaches, palpitations, chest pains; danger of infarct under stress created by tenant/tolerated by management. The sports-playing noise generated by the neighbor in my apartment affected my physical health. More conflicts with manager -- when she tried not to pay me a Rent.com reward, addressed me rudely, and ignored the noise-harassment problem with the tenant who acted as if he was encouraged to do worse noise….

This case pertains to Constructive Eviction -- a tort that allows a tenant to immediately terminate a lease, and sue for damages. Charalambous v. Jean Lafitte Corp., 652 S.W.2d 521, 526 (Tex. App.--El Paso 1983, writ ref'd r.n.e.).  As per Landlord/Tenant Supplement (online library) constructive eviction occurs if all of the following four elements are present:

1. The landlord commits an act which substantially interferes with the use for which the premises are intended.

2. The landlord's intent is that the tenant should no longer use or enjoy the premises. Intent can be implied from the facts and circumstances.

3. The act results in a permanent deprivation of use and enjoyment.

4. The tenant abandons the premises within a reasonable time.

 

Consistent with the 4 elements of constructive eviction, in this case:

- SHLP committed to allow noise by sports ball that belonged in gym not apartment – noise pollution/hazard affecting my physical health.

- SHLP/management communication shows strong intent to make me leave

- I suffered permanent deprivation of enjoyment and of use of home-office

- I left after 4 months, after over twenty written and verbal complaints

I felt SHLP-Stoneledge/management wanted to cause me to die from a heart attack in my apartment (lease even allows confiscation if tenant dies) or to cause me to move out to extort fees from me for early termination.

 

Under stress and health hazard, I terminated lease on 1/10/2015 with Walk-Out report; paid entire rent till 1/31/2015.

2/2015 SHLP–Stoneledge lawyer accused me of early termination, suggested a “settlement” at $1500 – I declined, accused SHLP of breach of contract

11/2015 Collections notification for $4533.96 – including a utilities bill that I had provenly paid already…

2/2016 Sued them in Small Claims Court to recoup my deposit. They replied with a counterclaim (sued me) too for 4533.96.

4/2016 I was Pro Se (alone) in Court – little legal knowledge, no money for lawyers in a case where I am innocent; SHLP had lawyer and manager in Court. Prior to trial the manager and lawyer talked within my hearing range the case of a certain female who “never made it home” -- strange choice of topic given our circumstances.

JP Judge found SHLP double-charging me, reduced their counterclaim from 4533.96 to $2923.96. Further, County Court Judge reduced my bond to the equivalent of the counterclaim sum (instead of double the sum) to facilitate a County Court trial. But I could not proceed to County Court due to lack of funds.

Currently SHLP Stoneledge still holds $1074 from me – prepaid rent before I moved out. I found pro bono legal counseling but have no funds to finance the clarification in County Court of this conflict.

Thus: I am currently informing the public opinion, the media, and all concerned authorities of all the facts of this outrageous case -- and seek support based on the below laws and clauses governing its resolution:

1. the contractual clauses of SHLP-Stoneledge clearly specify:

The SHLP Community Policy Addendum/Good Neighbor Policy states: “…general noise must be regulated to a level that will not disturb other residents at all times. “Owner’s Obligations”: If we fail to do so, you must make a 2^nd written request for the remedy to make sure there has been no miscommunication between us – after which we’ll have a reasonable amount of time. If the remedy still hasn’t been accomplished within that reasonable time period, you may immediately terminate this lease contract by giving us a final written notice.

Clause # 8 of SHLP Stoneledge Agreement: “While you are living in the apartment: Community Policies and Rules. You and your guests and occupants must comply with any written apartment rules and community policies, including instructions to care for the property.”

Clause #19 of SHLP Stoneledge Agreement:”…We may exclude from the apartment community guests and others who, in our judgment have been violating the law, violating thus the Lease Contract or any Apartment Rules, or disturbing other residents, neighbors, visitors, or owner representatives.”

Clause #28 of SHLP Stoneledge Agreement: When we may enter. Entry is for: responding to your request, making repairs,…stopping excessive noise; …inspecting when immediate danger to person or property is reasonably suspected.”

Clause #31 Responsibilities of Owner. “If we violate any of the above, you may possibly terminate this Lease Contract and exercise other remedies under Texas Property Code section 92.056 by following this procedure:

All rent must be current… and you must make a written request for repair or remedy of the condition after which we’ll have reasonable time for repair or remedy.

Texas Tenant Advisor (Texas Low Income Housing Information Service)

“I have very noisy neighbors. Shouldn't my landlord evict them?
The landlord has the right -- not the duty-- to evict noisy tenants. However, if the landlord fails to take action, the tenant may have a claim to end the lease because of the landlord's breach of the covenant of quiet enjoyment.”

 

                        Moreover

Definition of remedy   http://legal-dictionary.thefreedictionary.com/remedy

The manner in which a right is enforced or satisfied by a court when some harm or injury, recognized by society as a wrongful act, is inflicted upon an individual.

 

TEXAS PROPERTY CODE CHAPTER 92, RESIDENTIAL TENANCIES

Sec. 92.052.  LANDLORD'S DUTY TO REPAIR OR REMEDY.  (a)  A landlord shall make a diligent effort to repair or remedy a condition if:

(3)  the condition: (A)  materially affects the physical health or safety of an ordinary tenant;

 

 

Grapevine Noise Ordinance

1. A person may not conduct a use that creates a sound which exceeds

the sound levels established in Table 1 or that exceeds the

background sound levels by 5 dBA., whichever is greater.

h. Noise – means unwanted sound and is any sound which annoys or

disturbs humans or which causes or tends to cause an adverse

psychological or physiological effect on humans.

i. Noise Disturbance – means any sound which (a) endangers or injures

the safety or health of humans or animals, or (b) annoys or disturbs a

reasonable person of normal sensitivities, or (c) endangers or injures

personal or real property.

3. NOISE REGULATION: This ordinance shall apply to all sound originating

within the limits of the City of Grapevine, Texas. It applies 24 hours of

everyday of the week and year around. This ordinance does not apply to

any moving vehicle or aircraft nor does it apply to sound emitted from any

emergency warning device, lawn and yard maintenance.

 

Table 1.

Maximum Permissible Sound Pressure Levels by Receiving Zoning District

Leq Sound Level, dBA, Limits for Continuous Sound Sources

District Day Time(7:00 a.m. to 10:00 p.m.)

Night Time(10:00 p.m. to 7:00 a.m.)

Residential 59 52 Corrections for Character of Sound Applied to Table 1. values are as follows:· If Sound is Impulsive in Character – (hammering, popping, exploding, etc.) Subtract 5 dB from Maximum Permissible Sound Levels

 

The Attorney General of Texas website contains the following Tenant Rights rules:

  Peace and Quiet

“Your rights as a tenant include the right to "quiet enjoyment," as it is called in the law. This means the landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. If other tenants in your building are disturbing you, you should complain to the landlord. The landlord has a duty to see that you are protected from other tenant's wrongful behavior. Of course, you may not disturb other tenants, either.”

 

“HQS:The HUD minimum quality standards for tenant based programs (HQS regulations 24 CFR 982.401)– For SHP it is Habitability Standards – Owners and landlords are encouraged to provide housingabove both standards.  Purpose is to protect the health and safety of tenants.”