{"id":8172,"date":"2017-09-02T06:00:29","date_gmt":"2017-09-02T13:00:29","guid":{"rendered":"https:\/\/www.rentecdirect.com\/blog\/?p=8172"},"modified":"2022-06-16T13:17:26","modified_gmt":"2022-06-16T20:17:26","slug":"flood-damage-renters","status":"publish","type":"post","link":"https:\/\/www.rentecdirect.com\/blog\/flood-damage-renters\/","title":{"rendered":"Renters’ Rights Dealing with Flood Damage In Texas"},"content":{"rendered":"

\"Texas<\/p>\n

Renters and landlords alike may be wondering what steps they need to take if their property was damaged in Hurricane Harvey-related flooding. \u00a0<\/span><\/p>\n

The Houston Chronicle<\/span><\/i><\/a> reports that as many as 120,000 apartment units across the region have been damaged in floods related to Hurricane Harvey. Flood damage will affect both the renters who called these apartments home and the owners who need to repair or rebuild their properties. This number is even bigger when you consider the thousands of single-family homes, duplexes, and triplexes that were also damaged during the hurricane and flooding.<\/span><\/p>\n

Do Renters Have To Pay Rent<\/h3>\n

Under Texas law, <\/span>landlords are required to provide livable housing<\/span> under the legal doctrine called \u201cimplied warranty of habitability<\/a>\u201d. \u00a0Implied warranty of habitability refers to the safety and health of a tenant while living in a property. In Texas, under certain circumstances, a renter may contract the repairs and deduct the cost of the repair from rent, commonly known as repair and deduct.<\/span><\/p>\n

In general it is <\/span>illegal to withhold rent in Texas<\/span> (Texas Property Code Sec. 92.058. Landlord Remedy For Tenant Violation). That means that even if your property was damaged and is currently uninhabitable, you will need to continue paying rent until your lease is officially terminated. <\/span><\/p>\n

Repair and Deduct Tips for Renters<\/span><\/h3>\n

Repair and deduct information can be found under Texas Property Code Sec. 92.0561 Tenant\u2019s Repair and Deduct Remedies. It\u2019s important to note that in order for a renter to qualify for repair and deduct, he has to be current on rent, the repair must be under $500, the renter must have made adequate official request notices to his landlord, and allowed a reasonable amount of time for the landlord to make the repair himself. \u00a0<\/span><\/p>\n

In the case of Hurricane Harvey, since there are so many damaged properties, it is reasonable to expect repair timelines to take longer than usual and for a lot of repairs exceeding the $500 limit; so repair and deduct might not be an option for most renters. <\/span><\/p>\n

Texas Tenant Adv<\/span><\/a>i<\/span>sors<\/span><\/a> recommends renters take careful steps when taking legal action against a landlord regarding repairs, claiming that \u201cif [renters] improperly terminate your lease or deduct repair costs from your rent you could expose yourself to liability, or eviction.\u201d<\/span><\/p>\n

Tips for Renters<\/span><\/h3>\n

“The state of Texas is about to undergo one of the largest recovery-housing missions that the nation has ever seen,” <\/span>FEMA Administrator Brock Long said during a news conference Monday<\/span><\/a>. \u201cIt\u2019s a long process. Housing is going to be very frustrating in Texas. We have to set the expectations.\u201d<\/span><\/p>\n

For displaced survivors, FEMA’s goal is to move them out of shelters and into temporary housing near where they work, and then a return to a permanent residence, Long said. \u00a0Anyone in a shelter or without financial means to replace their housing in 18 counties qualifying for individual disaster assistance can receive aid for a motel or to rent an apartment.<\/span><\/p>\n

TexasLawHelp.org<\/span><\/a> provides the following advice for renters whose rental property is damaged or destroyed by a disaster. <\/span><\/p>\n

Ask what repairs needed, how long they will take, and if you have to leave the property while the repairs are being done. If your landlord moved because of the disaster, don’t send a rent payment until you are sure that your landlord will receive it. A pending a FEMA application doesn’t excuse your obligation to pay rent.<\/span><\/p>\n

The Houston Chronicle provides the offered the following <\/span>advice provided by the Houston-based apartment investment and property management firm Better World Properties<\/span><\/a>:<\/span><\/p>\n

FOR TENANTS<\/b><\/p>\n