How Long Can a Texas Landlord Leave You Without Air Conditioning?
June 20, 2022
With summer temperatures in Nacogdoches and the rest of Texas regularly reaching into the triple digits, air conditioning is something that is tough to live without. Having your air conditioning suddenly give out in the middle of summer can be frustrating, and even more so if you live in a rental property. If you find yourself facing this situation, you may be wondering how long your landlord legally has to get the AC problem fixed. To help you answer this question, here is a full overview of Texas tenancy laws as they relate to air conditioning.
Texas Tenancy Laws and Air Conditioning
Like most other states, landlords in Texas are under no legal obligation to provide air conditioning in their rental properties. A few cities like Dallas do have specific laws that require landlords to provide AC, but this is fairly rare. However, if you live in a rental property that had working air conditioning when you moved in, Texas law does require that the landlord repair the system should it ever stop working. That being said, it is up to the tenant to verify that the air conditioning system is working before signing the lease and moving into the property.
According to the Texas Tenants’ Rights Handbook, landlords have to make a valid effort to repair any problems that can affect the health and safety of their tenants, and this must be done within a certain timeframe of their notification of the issue. For most problems, landlords are required to have the problem fixed, or at least make a diligent effort toward doing so, within seven days of being notified of it. However, in situations that involve a lack of heating, air conditioning, or water, the landlord only has three days to fix the issue.
Still, there is some leeway in this. The landlord can still claim that, even if the problem isn’t fixed yet, they made an attempt within the timeframe. This is actually quite a common occurrence in situations where your AC goes out. Many HVAC companies are extremely busy during the summer, and it could potentially take more than three days before someone can come look at the issue.
Steps You Can Take If Your Landlord Doesn’t Repair the Issue in Time
If you notice that your AC stops working or can’t keep your home cool, the first thing you have to do is immediately notify your landlord. It is best to do this via email to ensure that you have a record of when you informed them of the problem. It is also important that you do this quickly because the law requires you to inform the landlord of any issues within a reasonable amount of time, and failure to do so could void your lease agreement.
After notifying your landlord, they are required to keep you informed about what steps they are taking and when the problem will be resolved. If the problem hasn’t been fixed within three days and the landlord hasn’t made a reasonable effort, there are a number of possible options you can take.
The first step is usually to notify the city so that they are aware of the issue. Hopefully, they can spur the landlord into action. Texas law also allows for something known as “repair and deduct.” This essentially means that, if the landlord doesn’t act in time, you can pay for the repairs out of your own pocket and deduct the expenses from your next rent payment. The only stipulation is that the repairs cannot exceed $500.
In extreme cases, you are legally allowed to sue the landlord for damages or cancel your lease agreement. However, either of these is generally only a last resort. The one thing that you shouldn’t do is withhold your rent as this may void your lease and forfeit your rights.
Expert Cooling and Home Services
At Nacogdoches Sheet Metal, Plumbing & Air Conditioning, LTD., our company has been proudly providing exceptional HVAC services to customers in the Nacogdoches area since the 1940s. We are a certified Service-Disabled Veteran-Owned Small Business, and our current owner has been in charge since 2010. We offer a wide range of HVAC services, including air conditioning and heating repair, maintenance, and installation as well as sheet metal fabrication. Our NATE-certified HVAC technicians also specialize in air duct cleaning and indoor air quality equipment and services. Besides that, our team also includes licensed plumbers specializing in water heaters, garbage disposals, and a full range of plumbing installation and repair services. No matter what type of home service you need, give us a call at Nacogdoches Sheet Metal, Plumbing & Air Conditioning, LTD. today and get the professional expertise your home and family deserve.
Categories:Air Conditioning
Certainly! This article delves into Texas tenancy laws concerning air conditioning in rental properties. As an enthusiast in property laws and home services, I can provide insight into the legal framework and practical solutions for such scenarios.
Firstly, Texas landlords aren't legally obligated to provide air conditioning in rental properties statewide, though some cities like Dallas have specific laws mandating AC provision. However, if the property had a working AC upon moving in, Texas law necessitates landlords to repair it if it malfunctions during the tenancy.
Regarding repairs, landlords must make valid efforts to rectify issues affecting tenant health and safety within specific timeframes after notification. Typically, for most problems, repairs must be attempted within seven days of notification. However, issues concerning heating, air conditioning, or water require a faster response, with a three-day window for resolution.
Despite this, circ*mstances might cause delays. For instance, HVAC companies may face high demand during summers, potentially prolonging the repair process beyond the stipulated timeframes.
If a landlord fails to address the AC issue promptly, tenants have certain courses of action. Initially, informing the landlord promptly via email is crucial to establish a record. Failure to report timely issues might jeopardize the lease agreement.
Should the landlord delay repairs, tenants can involve the city authorities or utilize the "repair and deduct" option, allowing them to pay for repairs (up to $500) and deduct the expenses from the next rent payment.
Extreme cases might warrant legal action, such as suing the landlord for damages or canceling the lease. However, these are typically last-resort measures. Withholding rent is discouraged as it might void the lease and forfeit tenant rights.
Lastly, the article mentions a reputable HVAC service provider, Nacogdoches Sheet Metal, Plumbing & Air Conditioning, LTD., offering various services from HVAC repair, maintenance, and installation to plumbing solutions.
In summary, the article navigates through the legalities of landlord responsibilities, tenant rights, and potential solutions when faced with an air conditioning malfunction in a rental property in Texas.
