KILLEEN, Texas (KXXV) — Last week, 25 News Bobby Poitevint shared a story about a Killeen apartment complex where neighbors said rats roamed free from unit to unit.
Not only did one resident tell 25 News they feel "trapped by the rats," but some residents said they feel that way about their apartment management/lease agreements and financial obligations in and outside of their homes.
As outlined in the Texas Property Code, Section 92.052 says landlords have to "make a diligent effort to repair or remedy a condition" that "materially affects your physical health or safety," especially if it was caused by wear and tear and not by you or a guest at your apartment.
This is even highlighted by Texas’ Attorney General Ken Paxton.
Jessica Trevino is the Medical Legal Partnership Staff Attorney with Greater Waco Legal Services, and she explains your rights as a tenant to get repairs done in your unit:
- First: make sure you're caught up on rent.
- Second: you have to give the apartment notice.
Trevino recommends documenting all communication with your landlord, adding, “The best way to give notice is through certified mail with a return receipt."
She added, “If you do that, you only have to give notice once.”
According to Texas law, the landlord has a "reasonable" time to make repairs. Jessica said "reasonable" time can vary from landlord to landlord, given how long it would take to make the necessary repairs.
“So I would say if you don’t hear something in seven days, you need to follow up or you could start doing something else," Trevino said.
Bobby asked, “Can you move out on that 8th day?”
Jessica responded, “Depending, I would be worried about it. Now, if it’s a problem that’s persisted, I would say you might be okay, but technically, the law says that once you give notice and the person has not repaired what’s broken, you have the right to move out.”
While Jessica recommends speaking with an attorney before making any major moves, she does understand that not everyone can afford one.
She wants to remind residents services are out there to help, like Greater Waco Legal Services, who provide income-based driven services to clients.
Other resources, such as the Salvation Army and Heart of Texas Homeless Coalition, may also provide support.
By Texas law, it is illegal for landlords to retaliate against you for filing a repair request.
Jessica said, “If someone brings an eviction case against you within six months of you filing a repair request that can be seen as retaliation.”
Keep in mind, the Texas Property Code under, Retaliation by Landlord, complaining to the news or media is not mentioned as a protected entity unlike complains to a governmental entity responsible for enforcing building or housing codes, a public utility, or a civic or nonprofit agency.
