HOUSTON — Are you aware of the legal rights you have to request repairs at your apartment or rental home after last week’s severe storms?
Legal experts tell KHOU 11 News that Texas law is clear: landlords and property managers are required to acknowledge and fix the damage in a reasonable amount of time. However, you must continue to pay your rent to maintain access to any legal recourse.
“The landlord is required to make repairs to any condition that would affect the health and safety of an ordinary tenant,” said Eric Kwartler with Lone Star Legal Aid in Houston.
To request repairs, Kwartler said you must send a letter to your landlord through certified mail. Make sure to detail exactly what’s wrong. You can also include photos of what needs to be fixed.
The law allows your landlord some time to respond and make the repairs; at least seven days in most cases.
“But if it’s more of an emergency they may need to respond more quickly,” Kwartler said.
If there’s no response after a week, you can send a second notice by mail or consider taking the case to court. If the damage to your home is beyond repair and the property is unlivable, the law allows either you or your landlord to cancel the lease.
“And you would only owe rent up to the last day of occupancy. If the place is unlivable, you can take your stuff and leave,” Kwartler said.
It’s recommended you consult an attorney before filing a lawsuit or attempting to cancel your lease.
When it comes to power outages, Kwartler explained it’s usually not up to your landlord, but your local utility company.
“That’s a situation where in most cases landlords and tenants just need to work together to get through it,” he said.
Under Texas law, it is illegal for a landlord to retaliate against you for complaining in good faith about necessary repairs, according to the Texas Attorney General.
If you need legal assistance regarding rental repairs, you can apply for free legal help by calling 1-800-733-8394 or by visiting www.lonestarlegal.org.