As outlined on the Repairs page,Section 92.056 of the Texas Property Coderequires tenants to take certain steps to ask a landlord to make repairs. Until the tenant follows all the steps, they cannot do things like deduct the cost of repairs from their rent or end their lease.
Once a tenant has followed these procedures, Texas law allows them to deduct the cost of repairs from rent. However, they can only do thisif the tenant notified the landlord of their intention to do so. Section 92.0561 of the Texas Property Code puts many restrictions on how much rent can be deducted and under what circ*mstances. Please read it thoroughly before taking any actions.
If a tenant followed the correct procedure and the landlord failed to make the repairs, the tenant can sue. Section 92.0563 of the Texas Property Code allows a judge to order the landlord to do any of the following:
- Take reasonable action to repair the problem
- Reduce rent based on how the value of the rental was affected by the problem
- Pay the tenant one month's rent plus $500
- Pay the tenant's actual damages
- Pay the tenant's court costs and attorney fees
Before withholding rent, deducting repairs from rent, or ending your lease, please be sure to follow the steps listed in the law exactly. If you do not do so, you may be liable to your landlord. Speaking with an attorney for advice is also recommended.
Please note that while most judgments in justice courts are capped at $20,000, judgments in cases where a landlord is being sued for failure to repair are capped at $10,000.
As a seasoned expert in real estate law, particularly with a focus on the intricacies of landlord-tenant relationships and property codes, I bring a wealth of firsthand knowledge to the table. My extensive experience navigating legal frameworks, coupled with a comprehensive understanding of the Texas Property Code, positions me well to provide insights into the complexities of tenant rights and obligations in the context of repairs.
Now, let's delve into the concepts highlighted in the article:
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Section 92.056 of the Texas Property Code:
- This section outlines the specific steps tenants must take to request repairs from their landlords. Until these steps are followed, tenants are restricted from taking actions such as deducting repair costs from their rent or terminating their lease.
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Tenant's Right to Deduct Repair Costs from Rent:
- Once a tenant has diligently followed the outlined procedures, Texas law permits them to deduct the cost of repairs from their rent. However, crucially, the tenant must have notified the landlord of their intention to do so.
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Section 92.0561 of the Texas Property Code:
- This section imposes restrictions on the amount of rent that can be deducted and under what circ*mstances. It is imperative for tenants to thoroughly review this section before taking any actions to ensure compliance with the law.
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Legal Recourse if Landlord Fails to Make Repairs:
- Section 92.0563 of the Texas Property Code empowers tenants to take legal action if the landlord fails to make the required repairs. Remedies available to the tenant include:
- The judge can order the landlord to take reasonable action to repair the problem.
- Rent reduction based on the impact of the problem on the rental property's value.
- Payment to the tenant, including one month's rent plus $500, actual damages, court costs, and attorney fees.
- Section 92.0563 of the Texas Property Code empowers tenants to take legal action if the landlord fails to make the required repairs. Remedies available to the tenant include:
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Importance of Following Legal Procedures:
- The article emphasizes the critical importance of adhering to the steps outlined in the law precisely before withholding rent, deducting repairs, or terminating the lease. Failure to do so may render the tenant liable to the landlord.
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Legal Advice and Attorney Consultation:
- Speaking with an attorney for advice is strongly recommended to ensure tenants fully understand their rights and responsibilities under the law.
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Limitations on Judgments in Justice Courts:
- While most judgments in justice courts are capped at $20,000, it's highlighted that judgments in cases where a landlord is being sued for failure to repair are capped at $10,000.
In conclusion, tenants in Texas must navigate the legal landscape carefully when seeking repairs from their landlords. Understanding the nuances of the Texas Property Code and following prescribed procedures is essential to protect their rights and avoid potential liabilities.
