What can a tenant do if the landlord refuses to make necessary repairs?

When leasing real property, both the renter and the property owner have obligations. The renter needs to pay their rent on time, follow any complex rules, and handle general upkeep, such as avoiding damage and reporting any issues in a timely manner.

Landlords have the responsibility to maintain the property and handle major repairs. Pest control and maintaining common areas are also generally the landlord’s responsibility.

The problem is what to do when one party isn’t fulfilling their responsibilities. For tenants, one problem can be if a landlord isn’t making necessary repairs.

The good news is that tenants have avenues to address these issues. In addition, a landlord cannot evict a tenant on the basis that the tenant requested repairs.

When Landlords Can Refuse to Make Repairs

In certain situations, Texas law allows landlords to deny a tenant’s request for repairs. Landlords do not have to honor a tenant’s request for repairs when:



• The tenant isn’t current on rent
• The tenant doesn’t report the need for a repair to the normal location or person; for example, telling the building’s gardener when the rental agreement states all repair requests must be made to the on-site manager
• The problem doesn’t affect a tenant’s health and safety
• The tenant or the tenant’s family or guests caused the damage

How to Request a Repair

Tenants should always make repair requests in writing. If the rental agreement or other documents have a required reporting procedure for repairs, tenants should follow these instructions. If tenants are mailing a repair request, they should send one request via certified mail.

In general, landlords have a reasonable amount of time to make repairs. The exception is in emergency cases, such as a tenant having a single bathroom, and their toilet being out of order. With emergency repairs, landlords must respond quickly.

Next Steps

If a tenant is current on rent and has followed the required procedures, and the landlord is still not making necessary repairs, tenants have other avenues to pursue. In general, tenants should follow up on a repair request before pursuing more formal avenues for resolution.

After making a second request and waiting a reasonable amount of time to give the landlord a chance to make the repair, tenants can terminate the lease or take the landlord to court.

Tenants may choose to terminate the lease and move out. Before embarking on this option, individuals should make sure they won’t violate any laws or lease agreements. The lack of repairs needs to affect their health and safety, and terminating a lease for minor repairs or issues may result in the tenant being liable for damages.

Tenants may also take a landlord to court to force them to make necessary repairs. A court may order a landlord to make repairs and award damages to the tenant.

Hire a Skilled Lawyer Who Knows Texas

If you have questions about landlord-tenant law in Texas or how to address a landlord failing to make repairs, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.