Landlord Not Making Repairs

Landlord Not Making Repairs
Landlord Not Making Repairs, San Antonio Criminal Defense Lawyer.BLOG POST.2

Landlord Not Making Repairs

Well, hopefully you have never had to experience a landlord not making repairs. But if you have, there are remedies and procedure to follow in getting yourself in a better position. Chances are moving is not an option, but how do you get the landlord to make the repair?

The Good

The Texas Property Code is heavily slanted for tenants. Below details out how a tenant can approach getting a landlord to fix their property:

Sec. 92.056.  LANDLORD LIABILITY AND TENANT REMEDIES;  NOTICE AND TIME FOR REPAIR. (a) A landlord’s liability under this section is subject to Section 92.052(b) regarding conditions that are caused by a tenant and Section 92.054 regarding conditions that are insured casualties.

(b)  A landlord is liable to a tenant as provided by this subchapter if:

(1)  the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant’s rent is normally paid;

(2)  the condition materially affects the physical health or safety of an ordinary tenant;

(3)  the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service;

(4)  the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant’s notice under Subdivision (1) and, if applicable, the tenant’s subsequent notice under Subdivision (3);

(5)  the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant’s notice under Subdivision (1) and, if applicable, the tenant’s notice under Subdivision (3); and

(6)  the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given.

(c)  For purposes of Subsection (b)(4) or (5), a landlord is considered to have received the tenant’s notice when the landlord or the landlord’s agent or employee has actually received the notice or when the United States Postal Service has attempted to deliver the notice to the landlord.

(d)  For purposes of Subsection (b)(3) or (4), in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time.  To rebut that presumption, the date on which the landlord received the tenant’s notice, the severity and nature of the condition, and the reasonable availability of materials and labor and of utilities from a utility company must be considered.

(e)  Except as provided in Subsection (f), a tenant to whom a landlord is liable under Subsection (b) of this section may:

(1)  terminate the lease;

(2)  have the condition repaired or remedied according to Section 92.0561;

(3)  deduct from the tenant’s rent, without necessity of judicial action, the cost of the repair or remedy according to Section 92.0561;  and

(4)  obtain judicial remedies according to Section 92.0563.

(f)  A tenant who elects to terminate the lease under Subsection (e) is:

(1)  entitled to a pro rata refund of rent from the date of termination or the date the tenant moves out, whichever is later;

(2)  entitled to deduct the tenant’s security deposit from the tenant’s rent without necessity of lawsuit or obtain a refund of the tenant’s security deposit according to law;  and

(3)  not entitled to the other repair and deduct remedies under Section 92.0561 or the judicial remedies under Subdivisions (1) and (2) of Subsection (a) of Section 92.0563.

(g)  A lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561.

Sec. 92.0561.  TENANT’S REPAIR AND DEDUCT REMEDIES.  (a) If the landlord is liable to the tenant under Section 92.056(b), the tenant may have the condition repaired or remedied and may deduct the cost from a subsequent rent payment as provided in this section.

(b)  The tenant’s deduction for the cost of the repair or remedy may not exceed the amount of one month’s rent under the lease or $500, whichever is greater.  However, if the tenant’s rent is subsidized in whole or in part by a governmental agency, the deduction limitation of one month’s rent shall mean the fair market rent for the dwelling and not the rent that the tenant pays.  The fair market rent shall be determined by the governmental agency subsidizing the rent, or in the absence of such a determination, it shall be a reasonable amount of rent under the circumstances.

(c)  Repairs and deductions under this section may be made as often as necessary so long as the total repairs and deductions in any one month do not exceed one month’s rent or $500, whichever is greater.

(d)  Repairs under this section may be made only if all of the following requirements are met:

(1)  The landlord has a duty to repair or remedy the condition under Section 92.052, and the duty has not been waived in a written lease by the tenant under Subsection (e) or (f) of Section 92.006.

(2)  The tenant has given notice to the landlord as required by Section 92.056(b)(1), and, if required, a subsequent notice under Section 92.056(b)(3), and at least one of those notices states that the tenant intends to repair or remedy the condition.  The notice shall also contain a reasonable description of the intended repair or remedy.

(3)  Any one of the following events has occurred:

(A)  The landlord has failed to remedy the backup or overflow of raw sewage inside the tenant’s dwelling or the flooding from broken pipes or natural drainage inside the dwelling.

(B)  The landlord has expressly or impliedly agreed in the lease to furnish potable water to the tenant’s dwelling and the water service to the dwelling has totally ceased.

(C)  The landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment;  the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant.

(D)  The landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the condition materially affects the health or safety of an ordinary tenant.

(e)  If the requirements of Subsection (d) of this section are met, a tenant may:

(1)  have the condition repaired or remedied immediately following the tenant’s notice of intent to repair if the condition involves sewage or flooding as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section;

(2)  have the condition repaired or remedied if the condition involves a cessation of potable water as referred to in Paragraph (A) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within three days following the tenant’s delivery of notice of intent to repair;

(3)  have the condition repaired or remedied if the condition involves inadequate heat or cooled air as referred to in Paragraph (C) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair the condition within three days after delivery of the tenant’s notice of intent to repair;  or

(4)  have the condition repaired or remedied if the condition is not covered by Paragraph (A), (B), or (C) of Subdivision (3) of Subsection (d) of this section and involves a condition affecting the physical health or safety of the ordinary tenant as referred to in Paragraph (D) of Subdivision (3) of Subsection (d) of this section and if the landlord has failed to repair or remedy the condition within seven days after delivery of the tenant’s notice of intent to repair.

(f)  Repairs made pursuant to the tenant’s notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant’s notice of intent to repair.  Unless the landlord and tenant agree otherwise under Subsection (g) of this section, repairs may not be made by the tenant, the tenant’s immediate family, the tenant’s employer or employees, or a company in which the tenant has an ownership interest. Repairs may not be made to the foundation or load-bearing structural elements of the building if it contains two or more dwelling units.

(g)  A landlord and a tenant may mutually agree for the tenant to repair or remedy, at the landlord’s expense, any condition of the dwelling regardless of whether it materially affects the health or safety of an ordinary tenant.  However, the landlord’s duty to repair or remedy conditions covered by this subchapter may not be waived except as provided by Subsection (e) or (f) of Section 92.006.

(h)  Repairs made pursuant to the tenant’s notice must be made in compliance with applicable building codes, including a building permit when required.

(i)  The tenant shall not have authority to contract for labor or materials in excess of what the tenant may deduct under this section.  The landlord is not liable to repairmen, contractors, or material suppliers who furnish labor or materials to repair or remedy the condition.  A repairman or supplier shall not have a lien for materials or services arising out of repairs contracted for by the tenant under this section.

(j)  When deducting the cost of repairs from the rent payment, the tenant shall furnish the landlord, along with payment of the balance of the rent, a copy of the repair bill and the receipt for its payment.  A repair bill and receipt may be the same document.

(k)  If the landlord repairs or remedies the condition or delivers an affidavit for delay under Section 92.0562 to the tenant after the tenant has contacted a repairman but before the repairman commences work, the landlord shall be liable for the cost incurred by the tenant for the repairman’s trip charge, and the tenant may deduct the charge from the tenant’s rent as if it were a repair cost.

The Great

If you have a landlord not making repairs we are here to help. We are your affordable, friendly, neighborhood attorneys. We can make quick work of the situation on your behalf and get you fixed up as soon as humanly possible. Contact us HERE and one of our attorneys will contact you quick to get the job done.

Close Menu