A real estate sales agent is managing a residential property for an owner. The tenant reports a serious issue with the air conditioning system, making the property uninhabitable during the summer. The landlord, despite receiving proper notice, has failed to make repairs within a reasonable time. According to Texas law, which of the following actions can the tenant legally take?
- ATerminate the lease and move out without further obligation.
- BSue the landlord for specific performance of the lease agreement in court.
- CPerform the repairs themselves and deduct the cost from the next month's rent, provided certain conditions are met.
- DImmediately withhold rent until the repairs are completed.
Show answer & explanationAnswer & explanation
Correct answer: C. Perform the repairs themselves and deduct the cost from the next month's rent, provided certain conditions are met.
Texas law allows a tenant to 'repair and deduct' if the landlord fails to make repairs for conditions affecting health and safety within a reasonable time after proper notice, provided the cost is not more than one month's rent or $500, whichever is greater, and the situation is not due to the tenant's fault.
Why the other options are wrong
- A. Terminating the lease is possible, but usually requires a specific process and often isn't the first or only remedy available.
- B. While suing is an option, 'repair and deduct' is a more direct and often preferred remedy for tenants in such situations, where specific conditions are met.
- D. Unilaterally withholding rent is generally not allowed under Texas law and can lead to eviction.
Tenant's Remedy: Repair and Deduct (Texas)
Under Texas law, if a landlord fails to make repairs that materially affect the health or safety of an ordinary tenant within a reasonable time after proper notice, the tenant may be able to repair the condition and deduct the cost from rent, subject to specific limits and conditions.
- Applies to conditions affecting health/safety.
- Requires proper written notice to the landlord.
- Landlord must fail to repair within a reasonable time (usually 7 days).
- Cost limit: one month's rent or $500, whichever is greater.
Memory trick: When the AC breaks, and the landlord delays, repair and deduct is the tenant's legal phase.