Texas allows for a tenant to repair certain conditions and to deduct the cost for those repairs from their rent. However, there is a long list of conditions and exceptions that a tenant must be aware of before the remedy is effective. A Texas Real Estate Attorney or Landlord/Tenant Attorney can help you in this area.
Property Condition and Basic Steps for the Texas Repair and Deduct Remedy
A tenant may not repair every condition that upsets her and expect that she can deduct it from her rent. The Repair and Deduct remedy is found at Texas Property Code 92.0561. When read in conjunction with other sections, the condition to be repaired must be for conditions which materially affect a persons health, or where hot water is not being provided. (92.0561(d)(1) mentions 92.052). The landlord must also be “liable.” 92.0561.
Tex. Prop. Code 92.056. says A landlord is liable to a tenant as 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;
(2) the condition materially affects the physical health or safety of an ordinary tenant;
(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; [There is a double notice requirement or alternatively a requirement of registered mail with a return receipt][Also one of these notice must also state an intent to repair and deduct, and a description of the condition alone is not sufficient. Sec. 92.0561(d)(2)]
(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);
(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); and
(6) the tenant was not delinquent in the payment of rent at the time any notice required by this subsection was given.
Other Conditions for the Texas Repair and Deduct Remedy
To use this remedy, a person must give notice to the person to whom he usually pays rent and must not be delinquent in rent. 92.052(a).
Repairs made pursuant to the tenant’s notice must be made by a company, contractor, or repairman listed in the yellow or business pages of the telephone directory or in the classified advertising section of a newspaper of the local city, county, or adjacent county at the time of the tenant’s notice of intent to repair. 92.0561(f)
Repairs made pursuant to the tenant’s notice must be made in compliance with applicable building codes, including a building permit when required.92.0561(h)
When deducting the cost of repairs from the rent payment, the tenant shall furnish the landlord, along with payment of the balance of the rent, a copy of the repair bill and the receipt for its payment. A repair bill and receipt may be the same document.92.0561(j). [This effectively acts as a post-repair notice]
Still Other Conditions To The Repair and Deduct Remedy
The code has other conditions of which to mindful, including manners in which a tenant can waive certain remedies. These remedies should generally not be pursued without the advice and guidance of a real estate attorney. For a landlord/tenant attorney, please call 713-979-2941.