Texas Real Estate Sales Agent ExamTexas Real Estate LawMedium
A tenant in Texas discovers a severe water leak in their apartment that is causing significant damage. They notify their landlord in writing, but after a reasonable time, the landlord has not made repairs. According to the Texas Property Code, what is the tenant NOT permitted to do?
- AWithhold the full amount of rent until repairs are made.
- BTerminate the lease.
- CSue the landlord for damages.
- DRepair the damage and deduct the cost from the rent.
Show answer & explanationAnswer & explanation
Correct answer: A. Withhold the full amount of rent until repairs are made.
Under the Texas Property Code, tenants are generally NOT permitted to withhold the full amount of rent, even if the landlord fails to make necessary repairs. They may be able to repair and deduct, terminate the lease, or sue, but withholding all rent is typically not an allowed remedy.
Why the other options are wrong
- B. If the landlord fails to make timely repairs of a condition materially affecting health or safety, the tenant may have the right to terminate the lease.
- C. Tenants can sue landlords for damages resulting from failure to repair a condition that materially affects health or safety.
- D. Under certain conditions, after proper notice and landlord's failure to act, a tenant may be able to repair and deduct, but it's often limited in amount and scope.
Tenant's Remedies for Landlord's Failure to Repair (TX)
The legal options available to a tenant in Texas when a landlord fails to make necessary repairs to a property after proper notice.
- Landlord must be notified in writing of the condition.
- Condition must materially affect health or safety.
- Remedies include termination, repair and deduct (limited), or lawsuit.
- Withholding rent without court order is generally prohibited.
Memory trick: Texas tenants 'Notice, Not No-Rent' for repairs.