What rights do tenants have regarding strong chemical smells in their apartment?

Full question:

My oldest son is renting an apartment in Austin TX with a roommate. The apartment above them is in renovation. It belongs to the manager. The problem being is the SMELL of chemicals they are using is SO strong the boys are unable to stay in their apartment. They have complained to the head of maintenance and to the manager. They refuse to do a thing. Their eyes water and they both have headaches. They have been staying with friends but that is getting rediculous. What rights do they have.

• Category: Landlord Tenant
• Date: 04/07/2025
• State: Texas

Answer:

In Texas, tenants have specific rights if their living conditions affect their health or safety. Under Texas Property Code § 92.052, landlords must make reasonable efforts to repair conditions that materially affect tenants' physical health or safety. If the tenants have notified the landlord in writing about the issue and the landlord has failed to act, the tenants may have legal remedies.

To enforce their rights, the tenants should:

• Send a written notice to the landlord specifying the problem.
• Ensure they are not behind on rent.
• Wait a reasonable time for the landlord to address the issue. Typically, seven days is considered reasonable.

If the landlord does not respond or remedy the situation, the tenants may:

• Terminate the lease.
• Repair the issue themselves and deduct the cost from their rent.
• Seek judicial remedies, including a reduction in rent or damages.

It's important for the tenants to document all communications with the landlord regarding the issue. If the landlord does not comply, they may pursue legal action based on the Texas Property Code § 92.056.