Can I deduct repair costs from my rent in Texas?

Full question:

I lease a house in Bryan, Texas. I have had damages in this house where the landlord will not fix. I have to have damages fixed (to avoid further damages and/or damage to my personal possessions) as landlord claims to not have the money to fix. Am I allowed to subtract the amount of damages I have paid from my rent. I do NOT have the money to fix this property AND pay rent.

Answer:

In Texas, landlords are responsible for repairing conditions that materially affect the tenant's health or safety. If your landlord has not fixed the damages after you provided proper notice, you may be able to deduct repair costs from your rent.

To do this, you must follow these steps:

  1. Give written notice to your landlord about the needed repairs, specifying the issues.
  2. If the landlord fails to address the repairs within a reasonable time (generally seven days), you can proceed with the repairs.
  3. You may then deduct the repair costs from your rent, but this deduction cannot exceed one month's rent or $500, whichever is greater.

Make sure to keep receipts for any repairs and provide a copy to your landlord when you pay your rent. If you do not follow these procedures, you may risk legal issues with your landlord. For more specific guidance, consider consulting a legal professional.

For more information on Texas tenant rights, you can refer to Title 8, Chapter 92, Section 92.056 of the Texas Property Code.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Suing a tenant for damages can be worth it if the damages are significant and you have clear evidence. However, consider the cost of legal fees and the likelihood of recovering the damages. Sometimes, negotiating a settlement may be more efficient. Always consult with a legal professional to evaluate your specific situation.