The Texas Warranty of Habitability—What It Requires and When There is a Breach
In most states, while there is no written law requiring that residential landlords guarantee a minimum level of fitness for habitability in rental housing. Instead, there is typically an implied warranty of habitability. This legal principle guarantees a tenant’s basic right to live in a safe, healthy and comfortable abode. It also helps ensure that the premises will remain “livable” throughout the tenant’s time in the apartment. As an “implied” warranty, it exists regardless of whether there is specific language about it in the residential lease.
While Texas does have written laws that provide some protection to residential tenants, the language of those statutes is extremely broad. For example, under the written law, the only duty landlords have to maintain habitability during a rental period is to make repairs to anything “that materially affects the physical health or safety of an ordinary tenant.” The only specific duty imposed on a landlord in the Texas Property Code is to maintain a hot water supply at a minimum of 120° F.
When Does the Implied Warranty of Habitability Apply in Texas?
In most states, the implied warranty arises automatically. In Texas, though, for the implied warranty to become applicable, three prerequisites must be met:
- The tenant must have made the landlord aware of the condition that made the property uninhabitable
- The tenant must be up-to-date on rent when providing notice of substandard conditions
- The condition that causes the property to be uninhabitable must either materially affect the physical safety or health of the tenant, or must be related to the failure to provide an adequate hot water supply
When a tenant reports such a condition, the landlord has seven calendar days to fix the problem or must provide a reasonable explanation for why the problem cannot be resolved. A landlord will not be required to remedy any problem created or caused by the tenant, a tenant’s pet or a tenant’s family member. Furthermore, for damages that are covered by insurance, the landlord may wait to make repairs until the receipt of insurance money.
What Can a Tenant Do When Housing Is Uninhabitable?
A person renting premises with conditions that breach the warranty of habitability in Texas may take one of three courses of action:
- The tenant may pay for repairs out of his or her own pocket and deduct the cost of those repairs from the next rent payment due
- The tenant may claim “constructive” eviction, i.e., that the failure to repair the problem made the premises uninhabitable and forced him/her to terminate the lease and move out
- The tenant may file legal action in court, obtaining one of the following:
- A judicial order requiring the landlord to make the necessary repairs
- A judicial order reducing the amount of rent due, based on the diminished value of the rental propert
- A judgment for actual damages or loss sustained by the tenant
- A judgment of one month’s rent plus a penalty of $50
- Any court costs or attorney fees associated with addressing the breach of warranty of habitability
- The tenant may report the landlord to housing inspectors, who may cite the landlord for code violations
A tenant may not, however, withhold rent in response to a breach of the warranty of habitability.
Contact the Experienced Landlord-Tenant Law Attorneys at Bailey & Galyen
At the law office of Bailey & Galyen, we protect the rights of residential tenants in Texas in situations where landlords violate the state’s warranties of habitability for rental property. We offer a free initial consultation to every client. To speak with a proven and effective real estate lawyer, contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.