What If My Landlord Won't Make Necessary Repairs?


The landlord has a duty to fix conditions that are a threat to your health and safety. If a landlord receives a letter by certified mail notifying them of a health or safety problem, normally by law they must do something about the problem within a reasonable amount of time, which is normally considered to be one week from when they receive the letter. If the letter is not sent by certified mail, you may need to send a second letter before the landlord is legally obligated to fix the problem. You should be current on the rent when you send the letter, or else it may not have any legal effect and the landlord may try to evict you.

I recommend sending a letter to the manager by certified mail, return receipt requested, notifying them about the problem and asking the manager to fix it as soon as possible. You should make sure the letter is signed and dated, and keep a copy for yourself.

You should take pictures to document the problem if possible, and you may want to include a copy of the pictures with the letter.

If the landlord does not fix threats to your health and safety within a reasonable amount of time of receiving a letter by certified mail, you may have the right to terminate the lease and/or take the landlord to court. You may want to also contact the city (the City of Houston hotline is 3-1-1) to let them know about the issue.

For more information about your right to have the landlord fix conditions that are a threat to your health and safety, here is a link to the Texas Tenant Advisor Website: http://www.texastenant.org/rights/repairs/repairs.html

The counseling on this page should not be considered conclusive or a substitute for legal advice. Special facts can render broad statements inapplicable. Anyone needing legal assistance should contact an attorney.

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TEXAS TENANTS'
BILL OF RIGHTS:

I. Freedom From Wrongful Eviction or Lockout

Prop. Sec. 24.005
Prop. Sec. 92.0081

II. Freedom From Wrongful Disconnection of Utilities
Prop. Sec. 92.008

III. Freedom From Wrongful Seizure of Property
Prop. Sec. 54.041

IV. Right to Repairs
Prop. Sec. 92.052

V. Right to Working Security Devices and Smoke Detectors
Prop. Sec. 92.153
Prop. Sec. 92.258

VI. Right to Disclosure of Owner and Management
Prop. Sec. 92.201

VII. Right to Escape Family Violence
Prop. Sec. 92.015
Prop. Sec. 92.016

VIII. Right to Vacate for Military Service
Prop. Sec. 92.017

IX. Right to Refund of Security Deposit or Application Deposit
Prop. Sec. 92.102
Prop. Sec. 92.351

X. Freedom From Retaliation
Prop. Sec. 92.331