AUSTIN, Texas — A recent decision to throw out dozens of evictions at an Austin apartment complex could have broader implications for Texas renters forced to leave their homes because of storm damages.

Residents across Austin have been receiving lease termination notices at numerous apartments in Central Texas since February’s deadly freeze.

One of those complexes is Mueller Flats Apartments. 

On July 26, in an unprecedented decision, Travis County Judge Nicholas Chu dismissed more than 20 eviction petitions in northeast Austin after finding the owners FBCC Citypoint LP failed to give the required 30-day notice under the CARES Act, and lied about it in a sworn court document: 

Erika Enriquez, a mother of four, and her husband, Nick Limon, were among the defendents. 

She showed Spectrum News 1 the stacks of documents she has collected since she started receiving notices from her landlord. She received several notices to vacate because of storm damages from February’s freeze

“It’s been a lot,” she said. 

Enriquez and Limon said they have black mold growing in their home and holes in their living room wall, which caused their A/C unit to constantly break down, and they rarely had running water.  

“We were not able to take showers, flush toilets, wash dishes,” Enriquez said. 

The couple said they reported all this to property management and the Austin Code Department for months before getting the eviction notices. 

“We were in constant concern for our children’s health, being in that environment that there’s black mold and it’s wet constantly everywhere. I mean, it was just terrible,” Limon said.  

They’re not the only ones.

Mueller Flats has 115 open code cases.

In a written statement, an Austin Code spokesperson said: “There have been 5 cases closed and repairs are ongoing on the remaining cases, permits are required to be obtained and final inspection completed.”  

The city fined the owners thousands of dollars in “late fees” for failing to repair damages after the Building and Standards Commission gave them a 45-day extension in May to complete the repairs. FBCC Citypoint LP is now appealing those fines. 

Mueller Flats is also registered with the city’s repeat offender program for properties with ongoing problems.

A spokesperson told Spectrum News 1 the code department sent the owners a notice of violation for failing to pay the required registration fees and are awaiting the appeal decision to consider suspending the property from renting.  

Spectrum News 1 reached out to Mueller Flats numerous times and got no response. 

When we went to its leasing office to try and speak to the on-site manager, there was a sign advertising tours for prospective renters.  

This is not an isolated incident. Since February, there have been more than 700 code cases of storm damage.

Hundreds of families have been displaced in the Austin area, many receiving the same notice Enriquez’s family did.  

They’re titled “Termination Notice Due to Natural Disaster Catastrophe.”

In the notice it states under Section 92.054 of the Texas Property Code landlords have the right to terminate the lease contract in seven days of the tenant receiving the written notice because: “The damage to your unit is so extensive that your unit has become totally unusable as a practical manner for residential purposes. The damage to the unit would result in health and safety hazards to you and your family if you returned to live in the unit.” 

Court sources told Spectrum News 1 that while Chu dismissed the case on the ruling they violated the CARES Act, there were arguments presented in court about these notices that could result in the case being thrown out.  

The argument, sources said, was that these notices from landlords were inaccurately using the Texas Property Code to evict properties that were not destroyed beyond repair and therefore did not require an emergency tease termination under Texas law. 

While Texas property code does state in the event of a natural disaster a tenant or a landlord can terminate a lease if the unit is “uninhabitable,” lawyers argue that uninhabitable means demolished, like if a tornado tore down an apartment. They claim this definition is being used loosely in many of these cases.  

Court officials said this is the first case of its kind in Travis County. No one can recall an eviction case based on storm damages using this emergency lease termination notice.  

Austin City Councilor Greg Casar represents the district Mueller Flats is in.  

“We're on the right track pushing against, you know, practices that just aren’t right,” Casar said.  

In a video call, he said this is a big win for tenants.  

“I think that goes to show that when tenants advocate for their rights and we have strong tenants rights, that renters can be protected,” he said.  

Enriquez and her family moved out long before they were evicted. While they are glad the judge ruled in their favor, the fight is far from over.  

“I don’t feel that any justice has been done. I mean, we were subjected to harsh living situations there and they’re still trying to come after us for rent,” Enriquez said.  

Enriquez and Limon said they lost a lot of possessions in the storm and are still expected to pay rent during the months they were living without basic amenities. Their lease agreement included insurance, but did not pay for loss of property. 

They said no one at the property told them they could use their insurance for temporary housing.  

Other residents at Mueller flats are still working with lawyers to get security deposits and other costs reimbursed.  

“We keep trying to get a hold of them and to this day it’s just the same round and round thing we got from before,” Limon said. 

There are many more like Enriquez who are still waiting for a win.