Holding Landlords Accountable

Holding Landlords Accountable: Living Conditions in Rental Housing

This course is intended to provide general information to tenants in Texas. We do not have enough resources to help tenants individually. Because the law constantly changes and your situation is unique, we do not warrant or guarantee that the information in this course is current or applicable to your situation. We attempt to provide current information; nonetheless, you are urged to consult an attorney for legal advice and assistance because this course does not provide legal advice.

Lesson Objectives

Learners will understand the rights tenants have to repairs

Learners will understand the process of holding landlords accountable for repair rights

Learners will be able to use the available tools in the process of exercising their repair rights

Image: Adobe

PAY YOUR RENT! If you are behind on rent, your landlord can evict you, even if they haven't done necessary repairs.

Sources of Repair Rights: Lease

TAA Sample Lease

Sources of Repair Rights: Texas Property Code

Chapter 92 of Property Code

When a tenant has a right to a repair/landlord has a duty to repair:

• 92.051: A landlord shall make a diligent effort to repair or remedy a condition if

(1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid; (2) the tenant is not delinquent in the payment of rent at the time notice is given; and (3) the condition: (A) materially affects the physical health or safety of an ordinary tenant; or (B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit.”

Chapter 92 of Property Code

When a landlord does not have a duty to repair (b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by: (1) the tenant; (2) a lawful occupant in the tenant's dwelling; (3) a member of the tenant's family; or (4) a guest or invitee of the tenant. There are special rules for “Casualty Loss” (ie., where landlord insurance would kick in)

Chapter 92 of Property Code

When a landlord is liable to a tenant (ie., a tenant has a remedy)

• 92.056(b) A landlord is liable to a tenant as provided by this subchapter if:(1) the tenant has given the landlord notice to repair or remedy a condition by giving that notice to the person to whom or to the place where the tenant's rent is normally paid; Same as duty to repair (2) the condition materially affects the physical health or safety of an ordinary tenant; Same as duty to repair(3) the tenant has given the landlord a subsequent written notice to repair or remedy the condition after a reasonable time to repair or remedy the condition following the notice given under Subdivision (1) or the tenant has given the notice under Subdivision (1) by sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service; Additional element(4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's subsequent notice under Subdivision (3); Additional element Reasonable time = presumed 7 days

(5) the landlord has not made a diligent effort to repair or remedy the condition after the landlord received the tenant's notice under Subdivision (1) and, if applicable, the tenant's notice under Subdivision (3); Additional element and (6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given. Same as duty to repair

Chapter 92 of Property Code

• If Landlord liable what can you do?
• Terminate lease
• Repair and deduct (hard to do!)
• Sue in court (92.056)
• Get order for repair
• Get rent reduced back to date of written notice
• Civil penalty of 1 month’s rent + $500
• Actual damages
• BURDEN IS ON TENANT - NEED EVIDENCE

Sources of Repair Rights:City Code

• Varies between cities
• Process for code complaints mostly similar across Texas
• Expanded in our lesson on Written Repair Requests and Code Complaint lesson

Sources of Repair Rights:SUBSIDY PROGRAMS

Project Based Section 8 = REAC Tax Credit = TDHCA

Step 1: learn your rights

• Learn state laws and statutes regarding landlords and tenants
• Figure out whether and how your landlord is violating the law
• Gear up for organizing tenants by:

• Determining the problem
• Thinking about solutions you'd like to see

• Talk to your neighbors
• Find out if tenants have the same issues
• Organize a meeting
• Come up with a time and place
• Organize everyone's thoughts, comments, and problems
• Determine the specific problem/s you would like to focus on
• Think of reasonable solutions
• Set a goal

Step 2: Organize tenants

step 3: address the landlord or developer

• Counsel with Legal Aid
• Search for the proper repair forms for your area
• Write out the repair request in simple language
• Have your elected tenant run the repair request language by Legal Aid
• Turn all repair requests in at once
• Keep proof of requests, as well as any notes, letters, or notices from management

*More information about Legal Aid and sample repair request forms on later slides

Have the building inspected

• Google your local building ordinance
• File a complaint with the building inspector
• The inspection process is expanded on in our Written Repairs and Code Complaints lesson

Evidence Collection

Log to Track Problems and Conditions

Evidence Collection

Evidence Collection Tips How To

Evidence Collection

Maps

Evidence Collection

What if that doesn't work?

Create a buzz

Get Political

Be Creative

Make it Public

Garner Publicity

-Ask the landlord to meet with your tenant association -Use multiple strategies -Brainstorm new strategies

-Send copies of your repair requests to city council, state legislators, and congresspeople -Go to a meeting with those elected officails to tell your story and gain allies

-Talk to other residents of the area, such as local church leaders, businesses, etc -Organize an event or rally -Picket the landlord's home

-Write a letter to the editor -Solicit media to report on the problem -Share stories, photos, and videos that can go viral

Winning Repairs at Creeks Edge

• Several tenants speak about being afraid of retaliation, and one tenant mentions that losing that fear is key for organizing. As organizers, how do you get tenants to lose that fear?
• Two tenants in the video talk about their view of the code department as frequently siding with landlords and not using their enforcement abilities against landlords enough. Why do you think that is?

Repair and Remedy - JP Court

• If violations and serious health & safety issue AND evidence → courts

Image: Adobe

Texas legal aid services

Abridged Requirements

Websites by region

• An applicant's household income must be at 125% or below of the Federal Poverty Guidelines to be financially eligible.
• Household asset eligibility is $10,000.00 or less of non-exempt assets for one person, plus $5,000.00 for every additional member of the household.

• Legal Aid of Northwest Texas - serves the Dallas/ Ft. Worth area and Northwest Texas.

• Lone Star Legal Aid - serves the Houston area and East Texas.

• Texas RioGrande Legal Aid - serves the Austin/San Antonio area, El Paso area, and South Texas.

• For more info on eligibility, click here.

Resources

• Building and Strengthening Tenant Action (BASTA)

• TexasLawHelp

• Texas Statutes for Landlord Repairs

• Austin Tenants Council

• Texas Tenants Union