Legal Question in Landlord & Tenant Law in Texas

Withholding Rent

I signed my lease on 2/8 and my landlord told me the fence between my neighbor and I was on the neighbors property and it was their responcibility to put it up-but it would be put up before I moved in on 2/20. It's now 3/2 and my fence hasn't been fixed. I contacted the city and was told any fence between two properties is the responcibility of BOTH owners. I also have minor things -no racks or nobs on my oven, missing light switches, etc. -that I was told would be fixed before moving in. I have three dogs that cannot go potty because I don't have a fence! I paid my deposit on 2/8 and my prorated FEB rent on 2/20 and my March rent in full and on time. I want to withhold rent since my landlord has been dragging her feet. Can I do this? Is there anything else I can do to get this fixed ASAP.


Asked on 3/02/07, 7:03 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Withholding Rent

Do not withhold the rent, it will put you in breach of the lease. Go to the Attorney General's website and review the section on landlord/tenant law. There are some (not complete) guidelines on the procedures in the Property Code. When reviewing this, remember that a broken fence is not likely to be considered a dangerous or unfit for living repair.

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Answered on 3/14/07, 8:22 am


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