Everyone wants to live in a safe and habitable home, and if you’re a renter that sometimes means leaning on your landlord to maintain the property. But what happens when they aren’t responsive?
Let’s say you have two friends, Sarah and Zach, who have been in conflict with their landlord for several months, but things have come to a head and they are scared that they’ll be forced out of their Texas home.
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At first, they had trouble getting their landlord, Mark, to fix things in their unit, which is on the second floor of a house that Mark owns. He was unresponsive when they told him some of their power outlets weren’t working.
Next, their toilet sprang a leak, and Mark didn’t respond to their messages or a written letter saying the toilet needed to be repaired. Afterward, there were signs of water damage on the main floor. Mark blamed Zach and Sarah and threatened to charge them for the repairs.
Now, Mark is saying that Sarah and Zach have to move out, and they have 72 hours to leave. Mark told the couple that they damaged the unit, and he has the right to evict them for violating the lease.
Sarah and Zach are scared and have no place to go. They’re also worried about the fact that they paid rent for the month, and that their landlord has their security deposit, which he said he will not return.
What are a tenant’s rights in this situation?
According to Texas law, a landlord must make an effort to repair a problem if it “materially affects the physical health or safety of an ordinary tenant.” The issues described above typically apply.
Before a landlord is required to make repairs, the tenant must provide notice. The tenant must also be current on rent, and the problem must have been the result of regular wear and tear, not caused by the tenant or a guest. The landlord must be given a “reasonable” amount of time to make repairs, generally a week. If the problem hasn’t been fixed after such time, another notice should be sent in writing. If repairs still aren’t conducted after another period of reasonable time, a tenant may have the right to get the problem fixed and deduct the cost of the repair from their rent or even end the lease.
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In Texas, a landlord may not retaliate against a tenant for complaining in good faith about necessary repairs. This includes filing for eviction, except under circumstances such as the tenant is behind on rent or has intentionally damaged property. Luckily, Zach and Sarah seemed to have followed the law and documented their attempts to get their landlord to fix the leaking toilet.
If your landlord keeps part or all of your deposit, they are required to give you an itemized list of deductions and a description of the damages. Deterioration resulting from wear and tear does not count.
As for the threat of eviction, Sarah and Zach’s landlord can’t just kick them out when he feels like it. He has to have a valid reason, take the appropriate steps and win the right to legally evict them in court. The first step, by the way, is to provide written notice, which he didn’t do. More details on the process can be found here.
Laws in other states
Laws about landlord responsibilities to a unit can vary from state to state, but many impose similar safeguards regarding safe habitability, privacy and transparency.
Similarly, state laws typically dictate how a tenancy can end, but oftentimes provide opportunity for resolution. If you find yourself in a situation where your landlord threatens eviction, it can pay to brush up on your local laws.
It’s also important to carefully read your lease or rental agreement and be aware of any grounds for early termination in your lease. Knowing your rights and your landlord’s rights can be key. Some states have laws that are more favorable for landlords.
If you’re experiencing issues with your landlord, look into tenants’ associations in your area that can help you. Having an emergency fund can also be useful in case you suddenly find yourself without a roof over your head. Knowing you have money in the bank put aside just in case offers peace of mind and leaves you less vulnerable to upsets such as problems with your landlord.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.