With an increase in illegal practices by many landlords, Castañeda encourages renters to know their rights, and has provided a guideline, which he says is not a substitute for the advice of the attorney, but will hopefully provide residential tenants with a general understanding of their legal rights and remedies which may prevent problems from ever arising. He also advises that a renter’s rights handbook published by the Texas Young Lawyers Association and State Bar of Texas can be found on the internet.

PEACE AND QUIET

You have the right to “quiet enjoyment,” is it is called in the law.  This means your landlord cannot evict you without cause or disturb your right to live in peace and quiet.

If other renters in your building are disturbing you, you should complain to the landlord.  

The landlord has a duty to see that you are protect from other renters wrongful behavior, of course, you many not disturb other tenants, either.

HEALTH AND SAFETY

You have the right to demand that the landlord repair any condition that materially affects your health and safety.  Texas law clearly states that by renting you the property, the landlord guarantees that the unit will be a fit place to live.

However, the landlord does not have the duty to pay or make repairs if you or your guests cause an unsafe or unhealthy condition through negligence, carelessness, abuse or accident… unless the condition resulted from “normal wear and tear.” The landlord must provide smoke detectors.  You MAY NOT waive this requirement, and you MAY NOT disconnect or disable the smoke detector.

REPAIR AND REMEDY

Texas law requires landlords to make a diligent effort to repair problems about which they have been notified and that affect your health or safety.

Examples of such items are sewage backups, roaches, rates, no hot water, faulty wiring, roof leaks and, sometimes, a lack of heat or air conditioning.  Texas law does not cover problems such as broken dishwashers, walls that need painting, unsatisfactory draperies, or grass that needs cutting.  However, your lease agreement may require for these problems to be addressed as well.

REPAIR AND DEDUCT

Under Property Texas Code 92.0561 a renter may in certain circumstance can hire a contractor to repair a condition that affects health or safety after giving the required notices and waiting a reasonable time.  The renter is allowed to deduct the money paid to the contractor from the next month’s rental payment.  This remedy involves many steps and it is STRONGLY RECOMMEND THAT AN ATTORNEY BE CONSULTED before the renter uses his/her right to repair and deduct.  For instance repair and deduct can be used ONLY if one of the following occurs:

◊ the landlord has failed to remedy the backup or overflow of raw sewage inside the dwelling, or flooding from the broken pipes or natural drainage inside the dwelling;

◊ the landlord has agreed to furnish water and the water has stopped;

◊ the landlord has agreed to furnish heating or cooling and the system is nor working adequately, and the landlord has been notified in writing by a local health, housing, or building official that the lack of heating or cooling materially affects the health or safety of an ordinary renter; or

◊ the landlord has been notified in writing by a local health, housing, or building official that a certain condition materially affects health or safety of an ordinary renter.

After providing a proper notice and the aforementioned condition(s) are met, you must wait seven (7) days for the landlord to repair the problem before you can hire a contractor for repairs.  The waiting period before taking action can be three (3) days if the condition involves lacking of drinking water, heat, or air conditioning.  There is no waiting period at all if the condition involves serious sewage problems or flooding. 

The amount that can be deducted to repair any one condition CANNOT be greater than one month’s rent or $500, whichever is greater.  

The company or contractor you hire to make the repairs must be a legitimate company or contractor, for instances, must be listed in the phone book or classified ads of a local newspaper and must not have any personal or business connection with you.

You cannot deduct for repairs made by yourself, unless the landlord agrees.

SECURTY DEPOSITS

The landlord can only deduct damages and charges from the security deposit for which you are legally liable under the lease agreement, or for physical damage to the property for which you are responsible.

Your landlord cannot keep any part of your security deposit to cover normal wear and tear.  For example he/she may not keep part of your security deposit for worn carpet small nail holes, scratches on the sink or countertops, for finger prints on the walls.  However, a landlord may be able to deduct for large permanent stains on the carpet and pen marks caused by you or your guests.

Your security deposit must be refunded to you within 30 days after you have vacated the premises, IF you have provided a forwarding address.  You can provide your forwarding address at any time; however, the landlord’s duty to refund does not exist until you provide a forwarding address.  Don’t use the security deposit as last month’s rent unless it is agreed to by the landlord.

RENTERS DUTIES AND CONSEQUENCES

A renter’s main duties or obligations are to pay rent on time and to follow the lease and house rules of the landlord by not disturbing others, violating the law or the property, or damaging the property.

RETALIATION BY LANDLORD

It is illegal for the landlord to retaliate against you for complaining in good faith about necessary repairs for a period of 6 months from the date you made such complaint.  Of course, you can always be evicted if you fail to pay your rent on time, threaten the safety of the landlord or intentionally damage the property.

You do not have the right to withhold rent because the landlord has not addressed any of your complaints.