Dallas

NBC 5 Responds Answers Renters' Questions

With more than half of Dallas residents and about 40 percent of Fort Worth residents renting their homes, NBC 5 Responds receives many questions from renters.

Two of those most common questions are:

  • I don't feel safe. How can i get out of my lease?
  • How do I get my landlord to make repairs?

The NBC 5 Responds Team is providing answers to some of these question to help others facing similar issues.

For example, James asked via Facebook: "I live in Pleasant Grove in Dallas in an apartment I've been renting since February. And my roof leaks bad."

Answer: Texas Property Code mandates a landlord fix the repair if the condition "materially affects the tenants physical health or safety." Notify your landlord by certified, return receipt requested. The Texas tenants' union says if the landlord still doesn't fix the problem, you can take action.

"The tenant would have grounds to take them to court and sue for one month's rent plus $500 actual damages plus court costs and attorneys’ fees," said Sandy Rollins of the Texas Tenants' Union.

But tenants worry if they complain, they'll end up like Chris who contacted us on Facebook. He wrote: "Our landlord is kicking us out because we requested that Servpro remediate a sewer leak instead of letting their handyman cover up the mess."

Answer: Texas Property Code says it's illegal for a landlord to retaliate against a tenant because he "gives a landlord a notice of repair."

Many residents ask about getting out of a lease. Candace asked: "Are there loopholes or ways to get out of a lease if the environment is unsafe? There have been numerous break-ins at my complex."

Answer:
No. According to the Texas Property Code your landlord has to let you out of your lease in the following four circumstances: You're a victim of sexual violence, domestic violence, stalking or you're a member of the military and you're being deployed.

But the Texas Tenants Union says don't give up.

"The tenant can contact the owners of the property, the people that can make that difference. They can be sympathetic, but they don't have to release the tenant from that property," said Yasmin Thomas of the Texas Tenants' Union.

The union also stresses that renters should pay their rent no matter the circumstances. Texas does not allow renters to withhold rent when repairs are needed.

Here's more advice:

• If you have renters questions, download the Tenants' Rights Handbook. It's prepared by the State Bar of Texas and the Young Lawyers Association.
• Attend the Texas Tenants' Union's free workshops re every Wednesday at 6:30 p.m.
• Get free legal guidance at clinics hosted by SMU Dedman School of Law.

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