LANDLORD’S OBLIGATION TO REPAIR
The general rule in Texas is that when you become a tenant, you are the owner of the property for the term of the lease, and as an owner, the landlord has NO duty to repair. It is all on you. That said, Texas Property Code, Chapter 92 modifies this general rule, and sets the minimum standards a landlord must comply with for residential rental properties.
A landlord is only obligated to make repairs that affect the health and safety of the tenant. Examples of such conditions are sewage backups, rodent and insect infestations, faulty wiring, roof leaks, no hot water, inoperable heating and air conditioning. There are some conditions that may not constitute danger to health and safety such as burned out light bulbs, broken windows, inoperable washing machine or dryer, where the landlord has no obligation to repair.
A landlord has no obligation to repair damages that were caused by you or your guest. For example, if you had a party where there was a fight, that resulted in a broken window or other damage, the landlord is not obligated to make these repairs.
CAVEAT: A LANDLORD HAS NO OBLIGATION TO MAKE ANY REPAIRS, EVEN ONES AFFECTING HEALTH AND SAFETY, IF YOU ARE BEHIND PAYING YOUR RENT.
This is especially important in the present COVID-19 situation. Tens of thousands of Texans have not been able to pay their rent due to COVID-19 related loss of income. The U. S. Center for Disease Control has issued mandates that allows for a moratorium on evictions. Even though you may temporarily not be evicted for non-payment of rent, as long as you are behind in your rent, landlord has no obligation to make any repairs.
If you are current on your rent, the landlord has no obligation to make repairs unless you comply with the following requirements:
1. The request for repairs must be in writing. A phone call will not do. A text may or may not meet this requirement. The only safe way to make the request is by email or letter, where you keep a copy of the communication.
2. You must give the landlord a “reasonable’ amount of time to make the repairs. Believe it or not, there is a rebuttable presumption that 7 days is a “reasonable” amount of time for the landlord to make the repairs.
3. The only requirement on the landlord is that they make a “diligent” effort to make the repairs. There is no requirement that the repairs must be completed in 7 days, only that the repairs be undertaken within 7 days.
If you have given proper notice and the landlord fails to make the repairs, your only option is to 1) terminate the lease and vacate the premises; 2) pay for the repair yourself and deduct the cost from your rent, 3) sue the landlord in small claims court.
The law on a landlord’s obligation to make repairs is not very favorable to the tenant. These laws are made by your Texas legislatures, where the landlord lobby has more money and power than the tenant lobby. What can you do about this? Do you vote? Are you engaged in who you vote for? Until you do so, things will remain the same.
If you have any comments about this blog, please contact the Law Office of Elliott Klein, PLLC at ekleinlaw.com