So I learned the hard way that in Texas its best to rent from a landlord offering a single family home and not from an apartment complex because in Texas quiet enjoyment is only recognized between the landlord and the tenant, not between the landlord and tenant and those whom the landlord brings on as tenants without some type of proper vetting such ensuring they make three times the rent. So I am looking for the case law that lead to the inability for judges in Texas to understand the following analogy.
If I rent a room in a hotel and I have rented hotels to go on vacations and what not. If hotel management also rented a room to someone beside me or above me and they brought a cat and are allowing the cat to urinate in the hallways and I can smell that and I report that. The hotel will apologize, give me a new room and probably throw in something complimentary and then deal with the guest with the urinating cat.
You see the above there, thats called good customer service and yet if a tenant does the same thing and it stinks to high heaven, its unsanitary as well, the landlord of the apartment complex in Texas is under no obligation to do anything about it and I have experienced that they indeed do not do anything about it.
So if there is a precedent that absolved landlords of apartment complexes from being held responsible for the type of "guest" if you will, that they allow to rent from them, what case is that?
If there is no precedent, then I have to ask, does Texas court see tenants as synonymous with "deadbeat", "debt-serf", "asset", "non-person"? Or put another way, why does my quiet enjoyment not extent to the landlord AND the genteel that they decide or not decide to take on as tenants or "guests" to use the hotel analogy.
I am pretty certain my analogy makes sense. I am a paying customer, a tenant, the law says quiet enjoyment is implicit in lease agreements (although it seems weak and its preferable to have something explicit in the lease such as in the case of Fidelity Mutual v. Kowalsky) and it should extend to not just what the landlord does or does not do to me, but the people they choose to serve or employ. I am pretty certain I have never stayed at a Hampton Inn where they would tell me, well thats between you and the other guest, you guys hash it out.
And if at all possible how much does the fact that apartment complexes throughout Texas are owned by hedge funds and real estate holding companies weigh in to that disconnect in the above analogy?