Know your rights as a Texas renter and your landlord’s responsibility

Our Texas apartment collapse attorneys at Denena & Points periodically like to remind Texas renters that you all have rights to a safe and fit place to live under Texas laws. In an environment where the previous housing bubble artificially pushed up the price of dwelling space, and those prices have never really gone back down as they should, we realize that renters often feel powerless against the landlords who would happily take advantage of them.

Section 92 of the Texas Property Code and the Texas Attorney General’s website could help you gain insight into your rights as a renter and also your landlord’s responsibilities under the law.

Under established Texas law, a tenant possesses the right to a space free of any adverse condition that would materially affect the Texas renter’s safety or health. The Texas apartment collapse attorneys at Denena & Points emphasize that a landlord that rents you a place to live essentially guarantees that your place will be a fit place for you to live in quiet enjoyment of a safe and healthful environment.

A Texas renter that lives with an unsafe condition that the landlord won’t repair can go to the local Justice of the Peace court to get a repair order against the landlord. If your landlord still doesn’t repair the unsafe condition after the JP court order, you might have the right to end your lease. But you have to follow specific steps before you can validly end your lease. The Texas Attorney General’s website specifies the steps you should take and the remedies available to Texas renters suffering in unsafe leased properties.

Legally, you could make your landlord repair unsafe conditions at your apartment. However, some negligent landlords, frequently known as slumlords, simply won’t make repairs under any circumstances. You should be aware that at your apartment, your landlord holds the legal responsibility to ensure your rights to:

• “Quiet enjoyment” of your apartment, and
• A healthy and safe apartment environment.

If your landlord won’t live up his legal responsibilities under Texas law, our Texas apartment collapse attorneys point out that you might be able to end your lease. But first you must make serious, good faith efforts to get your negligent landlord to fix the unsafe condition at your apartment. You’ll need to follow these steps to ensure your rights:

• Make sure that you have paid up the rent monies required to date by your lease.

• Mail your landlord a dated letter requesting repairs by certified mail, return receipt requested, or by registered mail. You can also deliver your letter in person. But if you do this, and the landlord fails to make repairs within a reasonable time, then you’ll still need to do the mailing and go through another reasonable period of waiting.

• Always keep a copy of your letter and mailing receipts.

• Your landlord should make diligent efforts to fix the unsafe condition at your apartment within a reasonable time after receiving your letter. A rebuttable presumption sets seven days as a reasonable amount of time to make repairs after receiving your letter.

• If after all of this notification and waiting, your negligent landlord still fails to make repairs to the unsafe condition at your apartment, then you might be able to:

• End your lease;
• Get the unsafe condition repaired yourself and deduct the cost from your rent; or
• Get a court order telling the negligent landlord to make repairs of the unsafe condition.

Our Texas apartment collapse attorneys emphasize here that taking action against a landlord, even a bad one that won’t make necessary repairs, could be a challenge. So you should always consult with a good Texas attorney taking legal action. Your Texas apartment collapse attorneys could help you determine if your landlord may rebut the seven-day presumption regarding repairs. Your attorney’s counsel could also help you avoid dire mistakes.

Sometimes you may feel that an unsafe or unhealthy condition places you in danger of personal injury and requires repair. But the problem that’s bothering you at your apartment won’t actually meet the legal standard to allow you to end a lease. And if you break your lease without a legally valid reason and without following necessary procedures, you put yourself at your landlord’s mercy. And most landlords aren’t particularly noted for their mercy.

The law gives Texas renters some rights under the law. But individual Texas renters still remain fairly powerless against property owners. So don’t take chances. Get a knowledgeable attorney on your side before you take action. Call or email the Texas apartment collapse attorneys at Denena & Points for a free initial legal consultation if you have suffered injury because of an unsafe condition due to landlord negligence.