You have expectations when you rent a property. First and foremost, you expect that it is safe and habitable. Aside from that, you also expect that your landlord is readily available whenever you request a repair. But what happens when communication breaks down and you can’t get hold of your landlord during repair requests? Here are 8 practical ways to deal with unresponsive landlords–straight from the experts.
Main Takeaways
1. Document Everything from the Start
In our experience in San Antonio property management, we’ve heard about this common scenario time and time again. The tenant requires repairs to the property, and the landlord is nowhere to be found. So, what do you do?
When this happens, the first step that you should take is to document everything that transpires, starting from the moment you contact your landlord to request a repair. This includes taking pictures and videos of the issue. Also, you should take note of the time and date of every attempt you’ve made to communicate.
2. Make a Formal Request
For a landlord to be liable for a repair in Texas, you need to inform them of the issue. So, as property managers, we recommend tenants follow the tried-but-true best practice to do this: send a certified written repair request notice through the mail. This way, you have a paper trail. More specifically, do so through certified mail so that you can have proof they’ve received it.
If you don’t send a certified notice and still want to escalate the problem later, you will have to send it through written mail then to keep the landlord liable. So, you might as well check that box now.
In your letter, you can introduce yourself and mention which property you’re currently renting. Then, provide a detailed account of what happened. For example, explain when the problem started and where exactly in the home it’s happening in. Then, clearly communicate what you need (inspection, consultation, maintenance, or repair). If possible, attach photos to your letter.
Now, you need to give them a reasonable period to address the problem. Typically, this is 7 days, but it can vary based on the problem’s severity and ease of getting resources to fix it.
There is an exception to all this, though: if your issue threatens your health and safety, that constitutes an emergency. These situations can be a whole other ballgame. If the issue is an urgent emergency, you may not have the time to send a letter to your landlord–and that’s okay. Furthermore, once you inform your landlord of an emergency, they typically must address it within 24-48 hours.
3. Try Multiple Communication Methods
Let’s say that you tried reaching your landlord via letter or email first. But after a day or two, you still didn’t get any response. If that’s the case, the logical thing to do is to try to reach your landlord through different mediums or platforms.
If they have provided a contact number, try messaging or calling that too. Doing so provides them with the opportunity to connect with you, in the event that there was simply a problem that prevented them from seeing your message in the first place.
4. Check Your Lease Agreement for Maintenance Clauses
When it comes to repair requests, your landlord is legally obligated to address issues that affect your safety, health, and security under the implied warranty of habitability. (as long as you’re current on the rent). But in some scenarios, your lease agreement may have indicated specific guidelines and rules regarding repair and property maintenance that can shed more light on the situation.
So, review your lease agreement’s maintenance and repair clauses. Check if there are specific terms regarding maintenance requests, timelines, or even an alternative point person to contact in case your landlord is unavailable. Make sure that you stick to what is written in your lease, since this is a legally binding agreement between you and your landlord.
5. Contact a Property Manager or Management Company
In some cases, your landlord may have a property manager or a property management company for their rental units. If they do, the property management company typically handles any property repair and maintenance requests in place of your landlord. So, you might have to run your repair requests through them. Keep in mind that Texas law requires landlords to provide their property management company’s name and address to their tenants upon request.
6. Learn Your Tenant’s Rights
If you want to appeal against your unresponsive landlord, the most important thing to remember is that you have rights designed to protect you. In this case, Texas property laws have set guidelines and regulations for dealing with tenant-landlord disputes regarding repairs and property maintenance.
Specifically, Texas Property Code Section 92.052 outlines requirements and conditions surrounding repair requests. According to this, you have the right to request repairs. Then, like we said before, your landlord has a reasonable amount of time to address the problem.
If they don’t and you’ve already sent a notice through certified mail, then you can take further action. To give you an idea, you could file an official complaint, withhold rent and deducting the cost of repair (in certain circumstances, which we’ll discuss below), or possibly terminate the contract. However, these are all huge steps. So, we highly recommend you consult with a legal professional before proceeding. You need to meet some requirements to do many of these things, so you should make sure you’ve covered your bases.
7. File an Official Complaint with Local Housing Authorities
When a landlord fails to attend to a tenant’s request within a reasonable time, Texas laws have provisions designed to protect tenants. So, if you’re dealing with an urgent problem that can affect your health – such as a sewage issue, lack of running water, or even pest infestations – you can file a complaint with the local housing authority in your jurisdiction.
Doing so brings the matter to the agencies specially tasked to enforce local housing codes. This sets things in motion for an inspector to assess the supposed landlord’s negligence. When they do, they can file a notice of violation (which typically urges landlords to comply) or issue fines.
8. Withhold Rent OR Repair and Deduct (In Limited Circumstances)
If your landlord is still unresponsive after several attempts, Texas property laws state that you have the right to withhold your next rent payment. Then, you can take steps to address the repair yourself (by hiring a contractor) and deduct the costs from your rent. Keep in mind that we only suggest this as a last resort–Texas has very specific conditions that you have to meet so you can do this.
First, you usually can only repair and deduct with a formal court order to do so, with very limited exceptions. Also, the problem at hand must affect your health or safety, such as sewage blockages, plumbing, HVAC cleaning or maintenance, and the like. On top of that, you must be current on your rent and have gone through the process of providing a certified mail notice to your landlord. To boot, the repair cost cannot be over $500 or a month’s rent, and a licensed repairperson must handle it.
So, you need to check all those boxes first. And again, we highly recommend you retain legal counsel to really understand the full implications of it all.
Get More Responsive Property Management Today
When it comes to dealing with an unresponsive landlord, it’s important that you maintain your composure and go through the proper procedure of repair requests in accordance with Texas property laws. Start by documenting your communication attempts and reviewing your lease and tenant rights before you reach out to local authorities or consider the repair and deduct strategy.
At Bay Property Management, we understand what a headache an unresponsive landlord can be. As one of the leading house rental companies in the San Antonio area, our goal is to ensure repairs are less stressful and time-consuming for you. We work around the clock to get them done so you can get back to simply living life. Customer service is the name of our game. Want to learn what the BMG difference is like? Look at our listings today!
