HELP!!! I Need
Repairs…
If you are delinquent on your rent payments,
the landlord does not have to make any
repairs to the property. Always pay your
rent on time.
Texas RioGrande Legal Aid, Inc.
If you, someone else listed on the lease, a
member of your family, or a guest cause the
problem, the landlord does not have to
make repairs, even if it threatens your health
or safety. If the normal wear and tear of
living in the unit caused the problem, the
landlord is responsible for the problem if it
affects health and safety.
 Does m y landlord have to
m ake repairs?
By Texas law, the landlord is only required
to repair problems that affect the
physical health or safety of an
ordinary tenant.
This includes
conditions such as rats, sewage leaks,
roof leaks, and faulty wiring. Landlords
are not required to provide security
guards. Tenants who are disabled and
have special repair needs may be able to
obtain these repairs under the Fair
Housing Act. [See Texas RioGrande Legal
Aid, Inc.= pamphlet entitled AMy Landlord
is Discriminating Against Me.@
For problems that do not affect your
physical health or safety, there is not an
obligation for the landlord to repair,
unless it is specifically stated in the lease.
Most leases do require the landlord to
make such repairs.
Additionally, large cities in Texas have
their own housing codes which set
minimum basic standards for housing. If
you are concerned that your rental unit is
below the minimum basic standards,
contact
the
building
inspection
department in your city.
 W hen can m y landlord
refuse to m ake repairs?
If the repairs are needed because of a fire,
hail storm, flood, etc., and the landlord has
insurance for the damage, the landlord does
not have to begin repairs until she has
received the insurance money. If you can no
longer live in the unit, either you or the
landlord can terminate the lease without
penalty by giving written notice to the other.
 W hat should I do to get m y
landlord to m ake the repairs?
For conditions that threaten your
health or safety:
 You must give written notice to your
landlord about the problem. You should
be very specific about the repairs
needed. Request that the repairs be
made in 7 days and ask for a written
explanation from the landlord if the
repairs cannot be made by the deadline.
Send the notice by certified m ail,
return
receipt
requested, or
registered m ail to the landlord and
keep a copy for your records.
 Make sure you have paid all your rent
and continue to pay your rent on time.
The landlord can begin the eviction
process if you have not paid all your
rent.
 You must wait a reasonable time for
the landlord to make the repairs.
Seven days is presumed to be a
reasonable time. It is up to the
landlord to show why it took longer if
the landlord requires more than seven
days to repair.
 If you did not send your notice by
certified or registered mail, you must
send a second notice to the landlord
about the repairs needed. Give a 7
day deadline and say you are going to
Aterminate the lease, file suit, or use
repair and deduct remedies@ if the
repairs are not made by the deadline
you set. Remember to keep a copy of
the notice.
For repairs that do not affect health
or safety:
 Since the landlord is not required to
make these repairs, unless the lease
requires it, the best way to get these
repairs is through negotiation with
your landlord.
 You should examine your lease to see
if the repair might be specifically
covered; for example, frequently
landlords agree to repair appliances
that come with the property.
If you live in the Austin area, the Austin
Tenant’s Council can assist you in
making the request for repairs. You can
call them at (512) 474-1961.
These questions and answers are
about the general law regarding
repairs. For questions about a specific
situation, seek the advice of an
attorney.
Texas RioGrande Legal Aid, Inc.
4920 North IH 35
Austin, TX 78751
(512) 374-2700
1-800-369-9270
 I f I follow all this advice
and the landlord still has
not m ade any repairs,
w hat can I do?
If you have given the landlord the
correct notice and waited seven days
from the last notice, you have three
options when the landlord refuses to
make the required repairs:
Terminate the lease: If the landlord
has not made the repairs within 7
days of the last notice, then you can
terminate the lease. To terminate
the lease, you should give your
landlord written notice that you are
terminating the lease and tell the
landlord in the notice the date you will vacate
the unit. If you end the lease, you have a
right to a refund for any portion of the rent
for the days you will no longer be living there
. For example, if you only stay there for half
the month, you are entitled to half of one
month=s rent back. Also, you have the right
to a refund of your security deposit, minus
any damages the landlord can legally deduct.
[See= TRLA Texas RioGrande Legal Aid,
Inc.= pamphlet entitled AHow to Keep Your
Security Deposit.@]
Go to court: You may also sue the landlord
in justice, county, or district court. The court
can order the landlord to do any of the
following: make the repairs (the justice
court cannot do this), reduce your rent from
the date you sent the first notice until the
landlord makes the repairs, pay you one
month= s rent plus $500, pay for any
damages you have suffered because of the
lack of repairs, and pay your court costs and
attorney=s fees.
Repair and deduct the cost from your rent:
See the next question about the potential
dangers of this option.
 Can I get m y ow n repairm an
to fix the problem , and then
subtract the cost of repairs
from nex t m onth’s rent?
While this can be done legally for conditions
that affect your health and safety, this
section of the law is very technical. It
requires you to give very specific notices
depending on the type of repairs
needed. DO NOT DO THIS
WITHOUT FIRST CONSULTING A
LAWYER. If you do not pay all of
your rent and do not follow the correct
procedures, you can be liable to the
landlord for damages and penalties.
 I requested repairs last
w eek, and now m y
landlord is trying to evict
m e. Can he do this?
A landlord cannot retaliate against you
for requesting repairs. After you have
made the request for repairs, for the
next 6 months the landlord cannot
evict you, keep you from using the
premises, increase your rent, terminate
your lease, or interfere with your rights
under the lease in retaliation for your
having requested repairs. How ever,
if there are valid reasons for the
eviction, such as not paying rent
or violating the term s of your
lease agreem ent, the landlord can
file an eviction.
Rent can be
increased after a repair request if it is
a scheduled increase or if it affects all
of the units.