Negligent Repair and Remodeling of Rental Properties

Goals

To provide insights on laws regarding remodeling or construction repair negligence of rental property by landlords in Texas and the landlord's liabiliity for damages or injuries sustained during repairs.

Early Findings

What to do if the Landlord Refuses to Make Repairs in Texas

  • If the landlord refuses to make repairs that are needed to protect the tenant's health, security, or safety and the tenant has already followed all the legal procedures required by law, they may:
  • If the tenant is recovering under these methods, they need to follow the steps outlined below:
    • Send the landlord a dated letter by registered mail, return receipt, or certified mail. They can also deliver it by hand. The tenant should keep a copy of the letter and make sure that their rent is current when the notice is given.
    • The landlord should make an effort to make the repairs within a reasonable time after receiving the notice. Seven days is resumed to be the reasonable time by law. If the landlord fails to make an effort to make the repairs within the seven days, the tenant can send a second notice letter by registered mail, return receipt, or certified mail if they had delivered the first notice orally, by hand, or through a phone call. This should contain details of the needed repairs
    • This ensures that the notice is trackable.
    • If the landlord still fails to make an effort to repair the problem within a reasonable time, the tenant may be entitled to terminate the lease, conduct the repairs themselves and deduct the cost from their rent, or get a court order for the repairs.

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