Right to Repairs: Half-hour consultation – $150
If a landlord refuses to make necessary repairs there are specific steps detailed in the Texas Property Code that a tenant must take to seek a remedy. By following these steps a tenant can either make the repair and deduct the cost from rent, or terminate the lease. However, unless specified in a written lease, a landlord is not required to make repairs unless it is a condition that creates a danger to the tenant’s health or safety. If your landlord has failed or refuses to make specific repairs, you may have a right to force the issue. For more information about what right to repairs you may have, and the steps required to enforce them, contact Andrew Bernick at 512-763-5370 or email Andrew@BernickLegal.com to schedule a consultation.
Half-hour consultation - $150
Security Deposit – The Tenant’s Rights
Security Deposit Refund
The most common dispute between a landlord and a tenant involves the security deposit refund. A landlord has 30 days from the end of the lease to account for the tenant’s security deposit. The most common deductions from security deposits are for cleaning and repairs that are not considered “normal wear and tear”.
What is “normal wear and tear”?
“Normal wear and tear” results from the tenant’s day to day use and occupancy. What exactly is considered “normal” depends on the facts and circumstance. The determination is often specific to the situation. Are the needed repairs a result of tenant abuse and neglect? There is often no easy answer.
Document property condition!
A landlord can deduct for damage that is not “normal wear and tear” on the property. The key is to for the landlord to be reasonable. A tenant should document the property condition before moving in and again before returning the property to the landlord. The tenant should take pictures and make detail notes of any existing damage, needed repairs or cleaning issues. Also, the tenant should provide the landlord a copy of their notes. Finally, the tenants could insist that the landlord conduct walk-thru inspections together at move-in and again at move-out.
The Texas Property Code requires the landlord to itemize each deduction from the security deposit refund. However, the landlord may have a right to retain the security deposit as damages if there was a material and substantial breach of the lease by the tenant.
If a landlord in bad faith refuses to refund or account for a deposit, the tenant can sue for damages of up to three times the amount of the security deposit. If you are in a dispute with your landlord over a security deposit then contact Andrew Bernick at 512-763-5370 or by email at Andrew@BernickLegal.com.
Eviction (for Tenants): Half-hour consultation -$150
A landlord can terminate a lease for any material and substantial breach of the lease contract. Failure to pay rent is the most common reason and a landlord can seek an eviction even if you are only ONE day late with rent. In Texas, a landlord attempting to evict a residential tenant must obtain a court order and Writ of Possession from the local Justice Court. There are multiple steps to this process. Providing a three day Notice to Vacate is the first step. If you are a tenant and have been given a Notice to Vacate but believe your rights under the lease have been violated, then contact Andrew Bernick for a consultation. Andrew will evaluate your rights under the lease, and the circumstances, and help you prepare a strategy to fight the eviction. Call 512-763-5370 or email Andrew@BernickLegal.com.