texas

Tenants: Make Repair Requests in Writing

When you need a repair on your rented home, you call the landlord, but a North Texas woman said her calls landed on deaf ears.

It was raining buckets inside Michella Toms' apartment at Emory Bay at Lakepointe in Lewisville. She said she had to empty buckets and trash cans repeatedly during the heavy storms over the Christmas holiday weekend.

Toms contacted NBC5 Responds and the Lewisville Code Enforcement Department. When city building inspector Jim Taylor saw three large containers filled with rain water, he was emphatic.

"This needs to be addressed and I'll be getting with the management when I'm done here," he said.

Toms said she has endured the leak for more than two months as her repeated repair requests to apartment managers got nowhere.

"I sent a certified letter. I emailed the company. I've called corporate. No one's followed up with me at all," she said.

NBC 5 called Adara Communities — the company that manages the complex — and sent a half dozen emails to apartment community leaders.

"That's when a little bit of action started — that day that you called," Toms told Consumer Specialist Deanna Dewberry.

Toms said apartment management came the same day, looked at the damage, and vowed to fix the leak.

Texas Property Code mandates landlords make repairs "if the condition affects the tenant's physical health or safety." Renters advocates at the Texas Tenants Union advise renters notify the landlord in writing using Certified Mail Return Receipt Requested.

That's what Toms did. You must then give the landlord a reasonable time to respond. While each situation is different, state law generally defines a "reasonable time" as seven days. If the landlord still doesn't respond, the tenant has grounds to go a step further.

"The tenant would have grounds to take them to court. Sue for one month’s rent, plus $500 actual damages, court costs, and attorneys’ fees," said Rollins.

But Toms believes she shouldn't have to sue to get her landlord to make necessary repairs.

"As a renter, I'm doing my part," she said. "I've never been late on my rent. I've always been on time, and I have to live like this? This is unfair."

The attorney for Adara communities told me upper management was only recently told about the leak.

"We were not aware of the extent of the problem until the torrential rains, and since the matter has been brought to our attention we have remedied the issue," the attorney wrote.

Toms confirms the day after NBC 5 cameras were there, repairs began. She said the complex provided $250 in compensation.

If your landlord doesn't make repairs, you have the following options under state law..

  • File a lawsuit: You don't need a lawyer, and repair hearings must take place within a week.
  • Terminate the lease: You're entitled to a pro-rated refund of rent, but this is difficult.
  • Make repairs yourself, and deduct from the rent: But this can get very complicated under state statute.
  • Call a local code inspector: Toms did just that, and a Lewisville inspector was there in days.

And remember in Texas, no matter how serious the repair, you have to pay rent. There are a number of valuable resources for renters with repair concerns. The Texas Tenants Union provides informational meetings and guidance for any renter with concerns. The Tenants’ Rights Handbook is a publication by the Texas Young Lawyers Association and the State Bar of Texas. It provides information for tenants on a range of issues.

More: Tenants’ Rights Handbook | Texas Tenants’ Union

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