Apartment residents in the Heights forced out after Imelda flooding

HOUSTON, Texas (KTRK) -- One week ago, Tropical Storm Imelda was dropping a historic amount of rain in the Houston area. Now, some residents in Independence Heights are being forced to leave their apartments due to flood damage.

Residents at the Avenue Apartments lost cars, furniture and more during the flooding. Now, they're losing the roof over their heads as the complex is terminating their lease.

The residents were given five days to pack up whatever they could salvage and get out.

The complex is acting under Section 92.054 of the Texas Property Code, which states leases may be terminated in the event that a tenant's rental unit is damaged in a natural disaster.

"They don't have to house them elsewhere, they don't have to put them up in a hotel," says legal expert Steve Schillist. "It may seem very unfair, but the property code allows for this because, in this case, it wasn't the apartment complex's fault."

The residents say they want more. Some are wishing for perhaps a warning they say they never got.

"Tell everybody that comes in here that you're leasing the bottom apartment at your own risk. It's a flood zone," said resident Evelyn Walton.
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