What to know about renters’ disaster rights

As bitter cold shattered century-old records, thousands of pipes supplying water to San Antonio homes and apartments froze and in some cases burst, forcing landlords and homeowners to cut off water entirely.

Some San Antonio renters lost running water for more than a week. Others’ homes and belongings were damaged when pipes burst.

If you’re a renter dealing with damage or repair issues, here’s what you need to know about Texas’ landlord-tenant laws and the assistance available to victims of the winter storm.

Q: Can tenants withhold rent or deduct repair costs when their apartments are damaged?

A: Generally, the answer is no, said Genevieve Hébert Fajardo, a professor at St. Mary’s

University who specializes in housing law.

“I used to work in New York and Massachusetts, and you could actually withhold rent if there was what they called, ‘habitability problems,’ ” said Fajardo. “You cannot do that here.”

Texas tenants who withhold rent without landlords’ permission can face eviction. Instead, renters should immediately notify their landlord of repair problems in writing, Fajardo said. Under Texas law, landlords then have a “reasonable time” to make the repair, which is typically considered seven days but can be shorter depending on the severity of the threat to health and safety.

Q: What should you do if your landlord doesn’t make the repair?

A: Some landlords may be swamped with repair requests so Fajardo suggests tenants reach out to them to see whether they might be willing to let tenants pay for the repairs and deduct the cost from rent. Tenants should only do that, however, if they have permission from their landlord and an agreement in writing, Fajardo said.

“Some landlords are reasonable,” she said. “They might be overwhelmed right now and say, ‘Yeah, just hire a licensed plumber.’ ”

If you notified your landlord and received no response, Fajardo said the fastest way to address health and safety repairs is often to call the city’s code compliance authority. In San Antonio, you can reach code enforcement by dialing 3-1-1.

There’s a more technical rule tenants can follow if landlords ignore repair requests after the first written notice, but Fajardo said tenants should reach out to a lawyer before they invoke it.

Under Texas law, tenants must first be caught up on rent.

If renter’s first written repair request is ignored, they can deliver a second request. Tenants can fast-track the process by sending the first notice by a mail service with tracking. After the landlord has been given notice required under the Texas law, tenants can begin the process to sue landlords to compel them to make repairs or terminate their leases.

Q: Where can tenants find legal help?

A:

Lizbeth Parra, an attorney for Texas RioGrande Legal Aid, said tenants in San Antonio who need legal assistance can call 210-212-3702 to reach the city’s right-to-counsel program, which provides free legal help to tenants with low incomes.

Residents outside of San Antonio can call Texas RioGrande Legal Aid’s hotline from 9 a.m. to 5 p.m. Monday through Friday by dialing 888-988-9996.

Parra said all tenants should read their leases carefully to see which sections may address their rights after disasters.

Q: Where can tenants obtain financial assistance if their apartments or belongings were damaged by the storm?

A: Parra said renters in Bexar County can apply for assistance to the Federal Emergency Management Agency because they live in a county that falls under the government’s disaster declaration. Tenants can apply online at DisasterAssistance.gov; through the FEMA app; or by calling FEMA at 800-621-3362.

The city of San Antonio is also offering assistance to renters struggling to make ends meet amid the pandemic. To learn more about the city’s program and other assistance, visit: sanantonio.gov/nhsd/programs/ fairhousing.