Beat the Heat: Tenant Rights During the Texas Heat
DISCLAIMER: This information is not a substitute for legal advice and should only serve as a guideline.
Texas is facing some of the worst heat in history, setting record-high temperatures across the state. Communities in our service area are experiencing blistering heat from La Puerta in Starr County, reaching 116 degrees in May, El Paso setting the record for the hottest June since 1994, and Austin forecasting its earliest on-record triple-digit weekend earlier this month.
Most recently, over 1.3 million Texans have been without power in the hot temperatures due to Hurricane Beryl's destructive headway across many counties near Houston. *
The Electric Reliability Council of Texas (ERCOT) warned Texans of potential rolling blackouts in August as temperatures and energy demands increase.
Texas Law and the Heat
As temperatures soar yearly, the limited rights our client communities, from tenants to outdoor workers, face are becoming increasingly apparent.
In 2023, the Texas Legislature passed a law eliminating government-mandated water breaks for workers in cities where such ordinances previously existed to protect workers from the Texas heat – ultimately leaving the decision to the employer.
For Texas tenants, Texas law does not require landlords to provide cool air, much less a functioning A/C.
“The right to cool air and timely A/C repairs is an area of Texas housing law lacking,” says Katelin Norris, TRLA’s Victoria Branch Manager and Housing Attorney.
Attorney Norris shares that many tenants will live in these deplorable conditions without A/C for days or weeks, with temperatures in the high 90s or 100s creating severe health concerns for young children, pets, and older adults.
Austin Tenants Council, A TRLA Special Project Upholding Tenant Rights in Texas
Texas is recognized as a landlord-friendly state, often leaving tenants facing improper evictions, unnotified rent increases, lease inconsistencies, and unfulfilled repair requests with few to no remedies, especially during extreme weather.
That’s why, over 50 years ago, the Austin Tenants Council Project (ATC) was founded in 1973 in Austin, Texas, to educate and advocate for Austinites and surrounding area tenants and landlords.
Since then, the need to close the educational housing gap for tenants has increased not solely in Austin but across the state. In response to this, in 2022, ATC became a TRLA special project, allowing the project to expand its services throughout part of our service area* to fill the void on a larger scale.
ATC Housing Advocates, Mary Helen Padilla & Lucy Salinas at the Eastside Community Festival.
While ATC does not provide legal representation, the project’s seasoned housing advocates educate tenants and can facilitate productive mediation between landlords and tenants regarding many tenant/landlord-related issues to find a multi-beneficial solution. With a quick case turnaround, ATC acknowledges the daunting process tenants and landlords can face; ATC cases are open for 1 to 30 days or 45 days maximum, allowing tenants and landlords to return to normalcy as soon as possible.
Part of what expedites the process for ATC is that their housing advocates work side-by-side with TRLA’s housing legal team to understand the Texas Property Code and the ever-changing housing landscape in Texas.
“The Texas Property Code is a landmine to navigate. It’s tricky and confusing to interpret, and it’s meant to be that way,” says Philisa Campbell, ATC’s Deputy Project Director.
Texas landlords should adhere to the Texas Property Code (Title 8, Chapter 92), which includes information about tenants’ rights regarding their rental property.
While this code is meant to serve both tenants and landlords, only some tenants fully understand and can easily access it. This makes it challenging for tenants to exercise their rights fully, and they can often be taken advantage of.
“We encourage renters faced with any landlord/tenant issue to use us [ATC] as your first line of defense, especially when you don’t know your rights as a tenant. It can make a turn for the worst,” stresses Campbell.
Four Steps to Exercise Your Tenant Rights During Extreme Heat
Every summer, when temperatures peak, ATC commonly hears from hundreds of tenants who need help exercising their rights, escalating, or finding a solution for their correctly submitted but still ignored A/C repair requests.
While cool air is not a “law,” there are remedies to protect tenants with cool air capabilities who are in unsafe environments and homes requesting a repair.
Step 1: There are two options when submitting repair requests
According to the Texas Property Code statute, tenants have two options to request repairs that will stand up in court.
The first method is to submit a written repair request via certified mail, return receipt requested, or another form of mail that tracks delivery.
The second method is to give two notices unless your lease says otherwise. Your first notice can be oral, by email, by text, or online. You’ll need to read your lease very carefully to determine which method is appropriate. The second notice must be a written letter mailed or hand-delivered.
If you opt for the second option to request a repair and use the methods of delivery mentioned, keep a record of all the information about the request, such as the date, time, and to whom it was given.
Step 2: The landlord has seven (7) calendar days to respond unless there is an emergency*
Once the landlord has received the repair request, they should make a “diligent effort” attempt to make the repair within a reasonable time, such as within 7 calendar days, unless the need for the repair is an emergency*.
Expert tip: Alternative Solutions and Reimbursement – “We’ve seen landlords offer window units while they fix the major A/C issue, and this is considered “diligent effort.” Unfortunately, if they don’t offer alternatives, it’s best not to assume that if you purchase fans or similar items, a landlord will reimburse you for the cost.” – Mary Helen Padilla, ATC Housing Advocate.
Step 3: Your right to file a repair and remedy suit in Justice Court
If a reasonable time has passed with no response and you have sent the required notice(s), you can file a repair and remedy suit in Justice Court to ask the court to order the landlord to make the repair.
Expert tip: Keep a paper trail & video record (if applicable) – “Even if your letters are being ignored, continue sending them and keeping track of ongoing communications; it serves as proof you’ve tried several ways to reach your landlord to find a solution” – Linda Aleman, ATC Housing Advocate.
With the digital shift due to COVID-19, a back-and-forth conversation on your email or online property portal with your landlord/property manager can be considered additional supportive proof you’ve attempted to resolve the problem.
A caveat is that the Texas Property Code does not require a landlord to make repairs if the tenant is not current on rent. If you’re current on rent, the landlord must make a diligent effort to repair conditions affecting your physical health or safety.
While it’s a flawed system – with continued rent hikes and limited resources to support those facing housing insecurity, this still does not stop bad-actor landlords from improperly shutting off utilities; as a tenant, your landlord may never interrupt the electricity for not paying rent (if you pay the utility company directly or your landlord) or other fees that are not the electric bill.
Expert tip: Unable to pay rent or utilities – “ATC can help connect tenants to many resources to help them through this difficult time. Many things can be done before an eviction due to unpaid rent is solidified.” – Philisa Campbell, ATC’s Deputy Project Director.
Step 4: Unanswered repairs? Consider activating your city’s code compliance and ATC
If you believe the temperature inside your home is a code violation affecting your health and safety, you can call your city’s code compliance. (This may be done at any point in the process)
If it has been more than seven (7) calendar days and your request has been ignored, it’s best to activate ATC. A housing advocate will contact your landlord immediately on your behalf to clarify the issue and find a solution.
Advocating for Texas Tenants and Landlords Alike
“We’re not only here for the tenants but also the landlord. It cannot continue to be one-sided; this has become one of the biggest housing problems we see in Texas,” emphasizes Campbell.
A landlord cannot be a “landlord” without a tenant and vice versa.
While the tenant-landlord relationship can be complex, ATC believes and enforces that both parties can find amicable and resolvable solutions that benefit both sides.
At TRLA, we believe in equipping clients with the right tools to feel empowered to advocate for themselves when their rights are violated. Several state and national resources, such as the U.S. Department of Housing and Urban Development (HUD) extreme health website, the National Integrated Heat Health Information System (NIHHIS), and Texas Ready, can help tenants prepare for the extreme Texas heat.
If you’re a tenant and need to request a formal repair from your landlord, ATC has created an informational Self-Help Packet (which does not contain legal advice) to guide you through the repair request process. If you’ve already correctly filed a repair request to your landlord, the Self-Help Packet can provide information on a “second request” or other remedies for your repair issue.
For more information or to request the Self-Help Packet, please call Austin Tenants Council’s (ATC) counseling line at 512-474-1961, Monday through Friday, 9:00 am to 5:00 CT. If you’re experiencing a civil housing legal issue where you believe an attorney is appropriate, contact TRLA’s Housing Group through our toll-free hotlines at (956) 996-8752 or (833) 329-8752.
* ATC only serves Austin and the surrounding areas
* Emergencies may include a serious water leak, gas leak, raw sewage, significant utility problem, exposed live electrical wiring, or dangerous conditions that require immediate repair.
*As of July 13th, 17 Texas counties impacted by Hurricane Beryl were included in the federal disaster declaration, including Jackson County, a TRLA service area. If you’re a Jackson County resident affected by Hurricane Beryl, you may qualify for FEMA individual assistance. Please call TRLA’s toll-free hotlines at (956) 996-8752 or (833) 329-8752 or visit our website at trla.org/disaster.