Hernandez v. Lopez Properties LLC
627 S.W.3d 445 (Tex. App. 2021)
Summary
The court addressed a tenant's remedies when a landlord fails to make repairs affecting health and safety. The court held that under Texas Property Code § 92.056, a tenant must follow specific procedural steps — including written notice and reasonable time for repair — before exercising self-help remedies such as repair-and-deduct or lease termination.
The court clarified that the tenant's duty to provide notice is strict but that once proper notice is given, the landlord's failure to act within a reasonable time entitles the tenant to statutory remedies including actual damages, one month's rent plus $500, and attorney's fees.
Key Holdings
- 1Tenants must strictly comply with the notice requirements of § 92.056 before exercising repair remedies
- 2Once proper notice is given, landlord has a reasonable time to repair (typically 7 days for serious conditions)
- 3Available remedies include repair-and-deduct, lease termination, actual damages, one month's rent plus $500, and attorney's fees
Why This Case Matters
Provides a comprehensive roadmap of the tenant repair remedy procedure under Texas law, frequently cited by tenant advocates and legal aid organizations.
Facts
Tenant notified landlord of a persistent roof leak causing mold growth. After landlord failed to repair for three weeks, tenant hired a contractor and deducted repair costs from rent. Landlord initiated eviction for unpaid rent. Tenant counterclaimed under § 92.056.
Legal Principles
Statutes Interpreted
- Tex. Prop. Code § 92.056
- Tex. Prop. Code § 92.052
Related Cases
Patel v. City of Fort Worth
576 S.W.3d 435 (Tex. App. 2019)
The court addressed a landlord's obligation to return a security deposit under Texas Property Code § 92.103. The court held that a landlord who fails to return a security deposit or provide an itemized accounting within 30 days of the tenant vacating is presumed to have acted in bad faith. This presumption shifts the burden to the landlord to show good cause for retention.
Singh v. Oak Creek Management
612 S.W.3d 108 (Tex. App. 2020)
The court addressed the requirements for a valid notice to vacate under Texas Property Code § 24.005 prior to filing a forcible detainer action. The court held that the notice must strictly comply with statutory requirements, including identifying the property, stating the landlord's demand, and providing the required time period for compliance.
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