Some conditions can affect the physical health and safety of an ordinary tenant. To resolve these conditions, you have to comply with the landlord/tenant provisions in Chapter 92 of the Texas Property Code (all further statutory references are to that Code).
You can*t simply declare that you*re fed up and move out. If you do, the landlord can declare you in default of the lease, accelerate all the remaining payments, and sue you for all the rent remaining under your lease, court costs, and attorney*s fees.
A landlord is required to make repairs or remedy the condition. To start that process under the Landlord/Tenant provisions of * 92.056, the tenant must provide written notice of the condition and request repairs. You should hand deliver the notice and also send it by certified or priority mail. If the landlord still does not address/resolve the condition after a reasonable time or make a diligent effort to do so, you have to send a second notice. If the landlord still does not resolve the condition or make diligent efforts to do so within a reasonable time, you can: (1) terminate the lease; (2) remedy the condition and hold the landlord accountable for the cost; OR (3) pursue one of the other remedies set out in * 92.056.
Take pictures, make notes, and keep copies of all documents.
A landlord cannot retaliate against a tenant for pursuing a remedy concerning defects in the premises. A tenant's remedies for retaliation are set out in * 92.333.
This advice was originally prepared by Brian Erikson, Attorney at Law, Dallas, Texas. His work was so good, I copied it. I made some minor, non-substantive changes. The advice given is not a substitute for a consultation with an attorney for advice that meets your particular circumstances.
You can access all Texas statutes at https://statutes.capitol.texas.gov/
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