A real estate sales agent is managing a residential property for an owner. A tenant reports a significant issue with the property's air conditioning system during the summer, making the unit uninhabitable. The sales agent, acting as the property manager, informs the owner, but the owner delays repairs for several weeks. What action may the tenant legally take in this situation under Texas law?
- AThe tenant can sue the sales agent directly for damages due to the owner's negligence.
- BThe tenant can arrange for the repairs themselves and deduct the cost from future rent, but only after proper notice and a reasonable time for the landlord to act.
- CThe tenant can withhold rent until the repairs are completed.
- DThe tenant can immediately terminate the lease and move out without penalty.
Show answer & explanationAnswer & explanation
Correct answer: B. The tenant can arrange for the repairs themselves and deduct the cost from future rent, but only after proper notice and a reasonable time for the landlord to act.
Under Texas law, if a landlord fails to make repairs that materially affect the health or safety of an ordinary tenant after proper notice, the tenant may have the right to repair and deduct, or terminate the lease, among other remedies. The 'repair and deduct' option requires specific conditions and notice.
Why the other options are wrong
- A. The sales agent is an agent of the owner; liability for property conditions usually rests with the owner, not the agent, unless direct negligence by the agent is proven.
- C. Withholding rent without proper legal procedure can lead to eviction; this is generally not a permitted immediate action.
- D. Termination typically requires specific notice and failure to repair within a reasonable time, not usually immediate.
Tenant's Remedy: Repair and Deduct (Texas)
Under Texas law, if a landlord fails to make certain essential repairs after proper notice, a tenant may, under specific conditions, arrange for the repair and deduct the cost from future rent.
- Applies to conditions materially affecting health/safety.
- Requires written notice to landlord and reasonable time to repair.
- Strict limitations on cost and type of repairs.
- Tenant must not be delinquent on rent.
Memory trick: Repair Remedy: 'R'eport, 'R'easonable time, 'R'epair & 'R'educt.