A landlord must repair a condition if a tenant gives notice of a condition, the tenant is not delinquent in rent payment, and the condition materially affects health or safety of the tenant or is due to the landlord’s failure to supply hot water at a minimum temperature of 120 degrees Fahrenheit. Given recent weather, lack of heating as well as a lack of hot water supply would materially affect the health and safety of tenants.
There is a presumption that seven days is a reasonable time to make repairs.
Casualty Loss
- If the damage is covered in an insurance policy as an insured casualty loss, the timeline to start making the repairs does not start until the landlord receives the insurance proceeds.
- If the damage is so great that the property is totally uninhabitable, either the tenant or landlord can terminate the lease by giving written notice prior to the completion of repairs. The tenant would be entitled to a prorated refund of rent from the date the tenant moves out.
- If the damage renders the property partially unusable, the tenant is entitled to a reduction of rent in an amount proportionate to the extent the property is unusable. The tenant and landlord can negotiate a reduction in rent, but if the landlord will not cooperate or the parties can’t agree, the tenant may seek a judgment from a county or district court.
What if the Property Insurance Does Not Cover Such Weather Storms Under Casualty Loss?
- Though there is a presumption that seven days is a reasonable time to make repairs, the severity and nature of the condition and the reasonable availability of materials, labor, and of utilities from a utility company must be considered per the Property Code.
- To prevent tenants from making their own repairs and deducting the cost from the rent, the landlord should deliver to the tenant an affidavit, signed and sworn to under oath by the landlord or property manager, summarizing the reasons for the delay and the diligent efforts made by the landlord up to the date of the affidavit to get the repairs done. The affidavit must state facts showing that the landlord has made and is making diligent efforts to repair the condition, and it must contain dates, names, addresses, and telephone numbers of contractors, suppliers, and repairmen contacted by the owner. The affidavit allows a delay up to 30 days.
Relocation Requirements
- Nothing in the Property Code or the Texas REALTORS® Residential Lease states that the landlord is required to pay for hotel expenses during repairs, even if the condition being repaired materially affects health and safety of an ordinary tenant.
- If the property is totally unusable for residential purposes because of a natural disaster such as an extended freeze, a landlord that allows a tenant to move to another rental unit owned by the landlord may not require the tenant to execute a lease for a term longer than the term remaining on the tenant’s lease on the date the premises was rendered unusable.
Paragraph 17 of the Residential Lease
Paragraph 17A of the Residential Lease clarifies a tenant’s general responsibilities, and subsection (7) specifically states that a tenant must take all necessary precautions to prevent broken water pipes due to freezing or other causes. With significant damage stemming from burst pipes resulting from freezing temperatures, landlords may think that repairs needed because of broken pipes will be responsibility of the tenant. However, this issue is not as black and white as it seems. There are tenants that may have taken the necessary precautions but still had their pipes burst; many residents across the state were instructed to conserve water and not to let their faucets drip; and some areas did not have access to water at all.
If you believe broken pipes on properties you own or manage were the result of a tenant failing to take all necessary precautions as required by the Residential Lease, please consult with an attorney about your specific claim.
What if the apartment is part of the tenant’s salary, such as mini warehouse manager that is privided onsite apartment?
Thanks for this discussion, but it does not address the responsibilities of the Tenant under Paragraph 17 A of the Lease Agreement. Perhaps that would be a good topic for your next post. asap
My tenant deserted the property when the power went off and didn’t cut the main off and open a few faucets to let air in like I instructed them to do nor did they notify me they had left the property like that. I would have driven over there and done it. We ended up with 3 breaks in the garage and the ceiling in there came down. I agree with Rick about paragraph 17A. I’d like to think they are responsible for the damages as well since they didn’t follow my specific instructions on how to prevent this from… Read more »
Make that 14 broken pipes and counting. We stopped repairs since every leak we repaired exposed another break or two. We are going to file an insurance claim against their renters insurance to see what happens.
Do you not have insurance on your investment property? My daughter is a renter and their ceiling caved in due to burst water pipe in the ceiling. What about the owners responsibility to make sure any and all water pipes are wrapped, what about the investors responsibility to maintain their asset? File on your insurance first and then if the renter is liable in any way, shape or form, and you have proof, then file on their insurance. But you have to prove the renter is at fault before you can file on their insurance. Please read your lease agreement… Read more »
the same happened with 6 of my 8 tenants. 6 left, didn’t follow my guidelines and now Im out $15k in water heater replacements.
Thank you for the information, true there are some nut and bolt issues that still need to be addressed but this is a good overview of liabilities.
Thank You! I had this question today… Pipes Bursting in Dallas
Very timely article. My tenant called me today about a leaking water heater in Central Texas. So far the earliest booking for a plumber is March 17. Good to know about the 30 days and needing to document.
Are apartment complexes held to this same standard? I have a client on the first floor that had water damage due to fire sprinkler system – they think. It was outside the back door but two rooms flooded, walls are wet near the floor, loss of furniture at a minimum. The plan so far is to remove the effected wall. What are the tenants entitled to? Worried about mold and more.
The property is unusable, the landlord authorize to release the lease and give them the deposit and remaining paid days. However, the tenants stuff still there. Tenants need the deposit to use it in other property they are applying for.
They are making pressure to get the refund what can we do?
Please address Paragraph 17A of the lease agreement.
We need clarification on section 17 of the lease, thanks
Texas REALTORS® Legal Staff has added information relevant to Paragraph 17.
7 days? we don’t have enough plumber’s or materials to fix all damaged pipes, what remedy do we have since they are telling me it can take around 2 + weeks?