Step Four:
There are essentially three sources of authority in the law
that can help you either prosecute or persuade the landlord
to act:
First Source: Lease Agreement.
Most leases talk about what the landlord is responsible
for, and what the tenant is responsible for. The standard
form lease drafted by the Texas Apartment Association (TAA)
states in part: "We'll maintain the dwelling in good
order and pay for repair and maintenance ... ." If you
have a lease with this provision you can use this
provision to assert that the landlord is responsible
to fix dish washers, leaking faucets, and more serious
matters. There is very little in most leases that help
tenants; what little there is you need to take
advantage of.
Second Source: Repair Statutes
Under Texas law, regardless of what the lease says the
landlord is required to repair problems that affect the
physical health or safety of an ordinary tenant and are not
caused by the tenant, occupant, or a guest. (If the problem
developed from normal use of the premises by the tenant,
occupant or guest, the landlord is still responsible for
repair.) For example, leaking plumbing, rodents, broken
air-conditioning in extremely hot temperatures, sewage
leaks, shattered sliding glass doors or caved ceilings all
affect health and safety. Although a non-working garbage
disposal or a leaky faucet is inconvenient, it may not
materially affect health or safety.
Third Source: Municipal Ordinances.
Most cities have minimum housing standards that a landlord
must comply with. For example, most cities require hot
water to be available in the kitchen and bathroom of all
dwellings, and that it must meet a specific temperature.
Check with your city to determine if there is an applicable
ordinance that addresses your problem. Here are links to
ordinances of many Texas cities:
City Codes of over 100 Texas
cities
Dallas Online Complaint Form
Austin City Code (select "+"
on left to expand table of contents)
Fort Worth Online Complaint
Form
Continue on to step five...