Legal Question in Landlord & Tenant Law in Texas

Maintenance and Repair of rental property

What do I do if maintenance repairs or equipment repairs are neglegted by owner after freqent requests to fix or repair? (ie roof leak coming through fire place and replacement heater for hot tub). If I pay for repairs can i legally deduct from my lease payment, is so what is the proper procedure?


Asked on 1/12/04, 12:55 pm

1 Answer from Attorneys

Sharon Campbell Sharon K. Campbell

Re: Maintenance and Repair of rental property

For a repair issue that affects health or safety, you must make a written request for the repair. Seven days is considered to be a reasonable time for repairs to be made. If the repairs are not made within seven days from the date of their receipt of your letter (send it certified mail, return receipt requested) then you have three options. One is to make repairs and deduct them from the rent as long as it doesn't exceed one month's rent and you have a contractor make the repairs, sending a copy of the invoice/receipt to the landlord (no do-it- yourself repairs). For the roof leak, you might also call Code Enforcement. They can come out and cite the landlord if he does not make the repairs. Since the hot tub repair is not something that affects health or safety, this remedy would probably not be available for that repair.

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Answered on 1/12/04, 1:17 pm


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