Tenants bring property owner to court, citing failed repairs

By Carol Ostrow | Apr 10, 2015

A Galveston County couple is suing a property management firm for alleged faulty repairs in 2014.

John G. and Melanie D. Kirk of League City filed a lawsuit on April 2 against American Homes4Rent (AH4R) of Dallas in Galveston County District Court, claiming breach of contract.

The couple leased a single-family home located at 5718 Emerald Brook Lane in League City from the defendant on Feb. 27, 2014. During a routine walk-through inspection, according to the complaint, they noted that the gas-powered stove top was not functioning correctly.

After moving in, the Kirks made several requests for the stove to be repaired. Court documents indicate that repairmen were sent to the residence twice without success. Specifically, the first workman, sent in March, was an electrician and not qualified to fix gas stoves.

The second repairman, from Kajcon, declared that the existing stove was dangerous and needed to be replaced. According to papers filed, the Kajcon worker placed an order for a new stove in April 2014, but the wrong size was delivered. After that, the Kirks allege, no attempt was made to replace the unit.

The lawsuit states that on Sept. 14, 2014, a blue flame erupted from a control knob on the stove, and they were forced to shut off the gas. They argue that the defendant knew of the hazard and failed to remedy the situation, purportedly placing them in danger and not complying with the lease agreement.

Additionally, the couple contends that they were shut out of an online tenant portal after asking for an unrelated fence repair in October 2014.

Citing breach of contract and negligence, the plaintiffs seek actual, consequential and exemplary damages: compensation in the amount of $8,350; a triple return of their security deposit; pre- and post-judgment interest; attorney’s fees; expenses and costs. They are represented by attorney Colleen McClure of Houston.

Galveston County District Court case no. CV-0073968.

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