What are my options if my landlord is not making necessary repairs to my rental property in Texas?

If your landlord is not making necessary repairs to your rental property in Texas, you have several options:

1. Request the repairs in writing: You should notify your landlord in writing of the needed repairs and request that they be completed within a reasonable timeframe. This should be done via certified mail with a return receipt requested or by hand delivering the notice and obtaining a receipt for delivery. Keep a copy of the notice for your records.

2. File a complaint with a government agency: In Texas, the Tenant Rights and Responsibilities Handbook advises that tenants may contact their city building inspection department or the local health department to request an inspection of the rental property. Depending on the results of the inspection, your landlord may be ordered to make necessary repairs.

3. Withhold Rent: If your landlord refuses to make necessary repairs, you may be able to withhold rent until the repairs are completed. However, you must follow specific legal guidelines to do so. You must first provide written notice to the landlord specifying the repairs that need to be made, allow a reasonable amount of time for the repairs to be made (typically 7 days), and then put the rent money in an escrow account until the repairs are completed.

4. Repair and Deduct: If the landlord does not make the necessary repairs in a timely manner, you may be able to pay for the repairs yourself and deduct the cost from your rent payment. However, this option also has specific legal guidelines that must be followed. You must notify the landlord in writing of the repairs that need to be made, allow a reasonable amount of time for the repairs to be completed (again, typically 7 days), and obtain three clear estimates from contractors detailing the costs of the repairs. If the landlord still fails to make the repairs, you can use one of the estimates to have the repairs made and then deduct the cost from your rent payment.

5. Terminate the lease: If the landlord has failed to make necessary repairs and you have exhausted all other options, you may be able to terminate the lease. However, this should be done with caution and only after seeking legal advice from a licensed attorney. Terminating a lease may result in legal action filed against you by your landlord, and you may be required to prove that the conditions of the rental property were uninhabitable due to the lack of necessary repairs.

In any case, it is important to keep written records of all communication with your landlord and any government agencies involved. It is also advisable to seek legal advice from a licensed attorney before taking any action.