RENTING 101: Tenant Rights Regarding Repairs

As a tenant in Texas, you have certain rights when it comes to maintaining your living space and ensuring that repairs are made in a timely manner. Whether you’re renting from a private landlord or a larger commercial property, knowing your rights can help you advocate for yourself and your family, especially if something goes wrong in your home.

Here’s what you need to know about tenant repair rights in Texas and the key differences between private and commercial landlords.

In Texas, landlords are legally obligated to provide and maintain a rental property that is safe and habitable. This means that landlords must address certain issues that affect your health and safety. For example:

• Plumbing issues: If you have a broken toilet, leaking pipes, or no hot water, these are issues that fall under the landlord’s responsibility to fix.

• Heating and cooling: If the air conditioning or heating system is broken and it’s getting too hot or cold, your landlord is required to make necessary repairs, especially in extreme weather conditions.

• Electrical problems: Faulty wiring or electrical hazards need to be addressed by the landlord to prevent injury or fire risk.

• Structural repairs: If there are issues like broken windows, missing locks on doors, or damaged stairways, your landlord must address these to ensure safety.

  
  

In Texas, you have the right to request repairs in writing. Always use the Repair Request Template (or your own written communication) to document the problem. Keep a copy of your request for your records.

1. How Quickly Must Repairs Be Made?

In Texas, landlords must make repairs within a reasonable time frame. This means:

• Emergencies (e.g., plumbing leaks, heating problems, or electrical issues): Landlords are required to fix these within 24 hours in most cases, especially if the repair affects your health or safety.

• Non-emergency repairs (e.g., cosmetic issues or non-urgent maintenance): While not as urgent, these should still be addressed within a reasonable time frame, typically 7 days after the request.

If your landlord does not make the necessary repairs within a reasonable time frame, you have a few options:

• You can withhold rent or make the repairs yourself and deduct the cost from the rent. However, it’s important to follow proper legal procedures before doing this—consult an attorney or tenant rights organization before taking action.

• You can contact local authorities or a health inspector if the issue involves health and safety violations.

2. Private Landlords vs. Commercial Properties: Key Differences

The process of requesting repairs may differ depending on whether you are renting from a private landlord (someone who owns the property) or a commercial property management company (a larger company that manages multiple units). Here’s what you need to know:

Private Landlords:

• Direct Communication: When renting from a private landlord, you may have more direct communication with the person who owns the property. This can be a pro because you can often resolve issues faster. However, this also means your landlord may have a more flexible schedule, which can result in delays in repairs if they’re not responsive.

• Fewer Formal Processes: Private landlords may not have set systems in place for repairs. It’s essential to keep a record of all repair requests and communication to ensure that you have evidence of the request in case there’s a delay or dispute.

• Familiarity and Negotiation: You may have the opportunity to negotiate lease terms or repairs with a private landlord, but keep in mind that this can be a more personal relationship that requires clear boundaries.

  
  

Commercial Properties (Apartment Complexes, Property Management Companies):

• Established Systems: Larger commercial properties and property management companies typically have more structured systems in place for repairs. You’ll likely have access to a maintenance hotline or an online system for submitting requests.

• Longer Response Times: While larger property management companies may have staff dedicated to maintenance, repairs can sometimes take longer to be addressed due to the volume of requests they handle.

• Less Flexibility: There’s often less room for negotiation with commercial properties. The rules and procedures for repairs, rent increases, and lease terms are usually more standardized and not as flexible as with private landlords.

3. Special Considerations for Moms

As a mom, it’s especially important to ensure that your living space is safe, comfortable, and properly maintained. Here are some key things to keep in mind:

Safety First:

If you have children, make sure the repair requests address any safety concerns first—like broken locks, malfunctioning appliances, or exposed electrical wires. When submitting a repair request, highlight the urgency of safety issues, and emphasize that they directly impact the well-being of your family.

Child-Related Repairs:

If you’re dealing with things like broken playground equipment or safety hazards that affect your children’s play areas, don’t hesitate to make it clear that these repairs are essential for your kids' safety. Request a timeline for the repairs, and ask for updates regularly to ensure the repairs are being addressed promptly.

Keep a Paper Trail:

When you’re living with children, having a safe and clean home is even more critical. Always document your repair requests and follow up if necessary. If something breaks and causes damage (like a leaking pipe that ruins furniture or clothes), make sure to take photos and keep records of all communication with your landlord.

Knowing your tenant rights in Texas, especially when it comes to repairs, can make a huge difference in ensuring a safe and comfortable home for you and your children. Whether you’re renting from a private landlord or a commercial property, always stay proactive about maintenance and repairs. Document your requests, keep your landlord accountable, and don’t be afraid to advocate for your family’s needs. Your home should be a place of comfort and security—if something’s not right, you have the right to have it fixed.

WARNING:  The information provided on this website is intended for general informational purposes only and is not intended to serve as legal advice. While we strive to offer helpful guidance on tenant and landlord rights and responsibilities, this website does not make you an expert in landlord-tenant law. If you are considering actions such as terminating your lease, withholding rent, repairing and deducting costs, using your deposit for rent, or taking legal action against your landlord, we strongly recommend consulting with an attorney or tenant association to ensure all legal requirements are met. Please note that the information provided here may not address every situation, and interpretations of laws can change over time. The outcome of legal actions may also depend on specific circumstances. Taking improper action could expose you to potential damages and attorney fees from your landlord. Additionally, even if you take legally justified action, practical challenges may arise, such as landlords withholding deposits or reporting to credit agencies. Although these actions may later be deemed unlawful, resolving such issues may require significant effort. For personalized legal advice, always seek the guidance of a qualified professional.