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| Renting and Leasing |
If you cannot get this information and if you follow statutory notice procedures, you may be able to terminate your lease or sue for your cost of getting the information, one month’s rent plus $100, court costs and attorney’s fees.
10. Can I stop paying rent until a repair is made?
ANSWER: No. Texas law prohibits “rent strikes” or withholding rent in order to force repairs. There are other remedies in the law to encourage property owners to make repairs.
11. What can I do if the dwelling owner will not make a repair?
ANSWER: If the lease requires the management to make repairs, inform the manager in writing and keep a dated copy. The law requires in nearly every instance that the owner must repair:
- Security devices.
- Conditions that materially affect the health and safety of the ordinary resident.
Problems that cause discomfort or inconvenience are not covered by the statute.
- Give the manager written notice of the needed repairs and keep a dated copy.
- If you don’t receive a response within a reasonable time, renotify the manager orally and in writing.
- If you still don’t get a response, you may have legal grounds to exercise statutory rights of lease termination, compulsory repairs, damages, penalties, third-party repair and deduct attorney’s fees.
- Instead of giving two separate written notices, you can give a single notice by certified mail, return receipt requested.
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