Can I Sue My Landlord for Not Fixing Bad Property Conditions?
Yes, and the situation doesn’t have to get apocalyptic either
By Marc Ramirez | Reviewed by Canaan Suitt, J.D. | Last updated on September 16, 2024 Featuring practical insights from contributing attorneys Jennifer MacGeorge, Sarah Dill and John UnellUse these links to jump to different sections:
- Tenant Rights in Residential Rental Properties
- Common Reasons Why Tenants Consider Suing Their Landlord
- When to Get an Attorney Involved in Your Landlord Dispute
- Consider Less Costly Alternatives to Legal Action
- Find Experienced Legal Help
For one tenant, it was the hundreds of scorpions living beneath their rented house. For another, it was the invasion of raccoons in the attic.
Rampant mice, roach infestations, bedbugs, mold: Austin-based landlord/tenant attorney Jennifer MacGeorge has seen it all—situations in which homes became uninhabitable for renters and landlords failed to adequately address the issue.
“For a long time, landlords have been resting on this idea that tenants will not file a lawsuit,” she says. “My firm is designed to help people do that exact thing.”
Tenant Rights in Residential Rental Properties
MacGeorge says protections for residential tenants in Texas are far more robust than for commercial ones, covering everything from unlawful entry to access to water and electricity. The threat of legal action could be the nudge necessary to make things right.
Sarah Dill, a real estate litigator whose eponymous firm has offices in Southlake and Edinburg, once represented a family that began experiencing plumbing issues shortly after leasing an old house. The family said the landlord told them a clog remover could do the trick. “They ended up having sewage come up through their bathtub drain,” Dill says. “That’s not a reasonable living condition at all. It caused so much more chaos than was necessary, all because the landlord didn’t want to pay for a plumber.”
Common Reasons Why Tenants Consider Suing Their Landlord
The situation doesn’t have to be out of The Food of the Gods to warrant attention, either. Landlord-tenant law attorneys say the most common situation they’re contacted about is a simple one: Unlawful retention of a security deposit.
1. Unlawfully Keeping Your Security Deposit
Landlords are required to return the deposit within 30 days and to provide an itemized list of reasonable charges detailing any portion of the deposit that is not returned. “They can’t charge you for repairs they didn’t actually do, and they can’t charge $80 for a lightbulb,” MacGeorge says.
Landlords have good incentives to comply, too: Texas law stipulates that tenants who successfully sue to get back unlawfully held deposits receive triple the amount, plus $100 and attorney’s fees, MacGeorge says.
2. Unlawful Lockout
Another common complaint is unlawful lockout or entry. “We get cases where the landlord comes in and changes the locks on the doors so tenants can’t get into their own homes,” MacGeorge says. “That’s illegal in Texas in the majority of cases.”
Many landlords, she says, particularly first-time landlords, aren’t familiar with the law. Generally, they can only enter your home for reasons specifically stated in the lease agreement—such as checking for damages or violations, making repairs, or showing others the apartment. “They’re not aware of what they’re allowed to do and what they’re not allowed to do, and they will often do things that are illegal,” MacGeorge says. “They’ll come in with the attitude of ‘It’s my house, and I can come in whenever I want to.’ No, sir. You gave your present possessory right to this person by contract.”
3. Housing Discrimination, Wrongful Eviction, and Landlord Negligence
Other reasons to consider legal action include discrimination under the federal Fair Housing Act, a wrongful eviction process, or illness or injury resulting from a landlord’s failure to make repairs.
When to Get an Attorney Involved in Your Landlord Dispute
Typically, attorneys won’t get involved until tenants have already tried to resolve issues with their landlord. Have they put their repair requests in writing? That’s required by Texas law to be considered official notice.
“I’m always telling tenants, if you haven’t written your complaint down, that’s your first step,” MacGeorge says. “Because once you get a lawyer involved, it’s going to escalate the dispute.”
Consider Less Costly Alternatives to Legal Action
Even if you have a solid case, there are many reasons you might want to avoid legal action. The cost, for one. “Every case is unique, but you’re typically not fighting over enough to make it worth it,” says John Unell, a real estate attorney whose private practice has offices in Dallas and Plano.
Renters who prefer to stay in their homes might be wiser to pursue other measures first, Dill says. Some renters may also choose to represent themselves in small claims court. Small claims in Texas, Unell says, go up to $20,000.
Texas’ online state law library offers resources, such as templates for demand letters tenants can submit to landlords to try to reach a resolution. Those whose living conditions potentially violate municipal code can also file complaints with the local government entity that enforces building codes to have the situation investigated. Legal aid clinics are also available in Texas, Unell suggests, though individuals must meet economic need qualifications to use these services.
State protections also prevent landlords from retaliating against tenants—prohibiting them from taking certain actions, such as raising their rent or evicting them, within six months of a request for repairs.
“These laws have really vicious teeth,” MacGeorge says.
Find Experienced Legal Help
If you are dealing with poor property conditions and your landlord has failed or refused to fix the problem, consider seeking legal advice from a landlord-tenant lawyer. An attorney can go over your legal options and point you in the best direction for resolving the issue.
Visit the Super Lawyers directory to find an experienced landlord-tenant lawyer in your area. Learn more about the implied warranty of habitability and your landlord’s responsibility to make necessary repairs to your rental unit.
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