Summer Storm Damage and Landlord-Tenant Disputes: Knowing Your Rights as a Renter
Summer thunderstorms and hail frequently damage rental properties across Texas. When a roof leaks, windows break, or water intrudes into a rental unit, disputes often arise between landlords and tenants over repair responsibilities and whether the property remains habitable. Understanding your rights as a tenant under the Texas Property Code is essential to protecting yourself.
Under Section 92.052 of the Texas Property Code, a landlord has a duty to make a diligent effort to repair or remedy a condition if: the tenant provides notice of the condition, the tenant is not delinquent in rent, and the condition materially affects the physical health or safety of an ordinary tenant. Storm damage that results in water intrusion, roof leaks, or structural damage clearly meets this standard. The landlord must make repairs within a reasonable time — generally interpreted as seven days for conditions affecting health and safety.
The first step if your rental property sustains storm damage is to provide your landlord with written notice of the damage. Do not rely on verbal notice. Send written notice via email, text message, or certified mail — any method that creates a record. Describe the damage in detail, note the date you discovered it, and indicate that it is affecting your ability to safely occupy the property. Keep a copy of the notice for your records.
If the landlord fails to make repairs within a reasonable time after receiving notice, you have several legal options. Under Section 92.0561 of the Texas Property Code, you can repair the damage yourself and deduct the cost from your rent — but this is limited to one month’s rent and requires that you follow specific procedures. Alternatively, you can terminate your lease if the damage renders the property uninhabitable, or you can file a complaint with your local housing authority.
If you choose to pursue a repair-and-deduct remedy, document everything. Obtain written repair estimates from licensed contractors. Perform the repairs or hire a contractor to perform them. Keep all receipts and invoices. Provide your landlord with copies of the repair estimates and receipts before deducting the cost from rent. If your landlord disputes the deduction, you will need this documentation to defend your actions in court.
If the landlord retaliates against you for asserting your repair rights — by threatening eviction, increasing rent, or reducing services — this is illegal under Texas law. Retaliation is presumed if the landlord takes adverse action within six months of your assertion of repair rights. If you believe you are experiencing retaliation, document it and contact an attorney immediately.
If you are a tenant dealing with storm damage and your landlord has failed to make repairs, contact Nixon Law PLLC. We represent tenants in habitability disputes and can advise you on your legal options for compelling repairs or terminating your lease.
About the Author: Jonathon G. Nixon is the managing attorney of Nixon Law PLLC, a Houston-based litigation firm focused on property insurance disputes, construction defects, personal injury, and commercial litigation. Contact Nixon Law PLLC at (713) 482-1523 or jnixon@nixon-law.com.