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Hernandez v. Lopez Properties LLC

627 S.W.3d 445 (Tex. App. 2021)

Good LawTexas Court of Appeals, 13th DistrictJuly 8, 2021Cited 52 times

Quick Take

Hernandez v. Lopez Properties LLC has been cited 52 times — a moderately influential decision in Landlord-Tenant law. Its citation status is "good law," meaning courts continue to follow and affirm this ruling — it remains authoritative. This is a recent decision (2021), so its full impact on the law is still developing.

How to Use This Case

When to cite:

This case has good-law status and is regularly cited in Landlord-Tenant arguments. It's appropriate to cite when you need authority on Landlord repair obligations or Tenant self-help remedies.

Key arguments it supports:

  • Tenants must strictly comply with the notice requirements of § 92.056 before exercising repair remedies
  • Once proper notice is given, landlord has a reasonable time to repair (typically 7 days for serious conditions)
  • Available remedies include repair-and-deduct, lease termination, actual damages, one month's rent plus $500, and attorney's fees

Court level & jurisdiction:

As a Texas Court of Appeals, 13th District decision, this ruling is binding within its circuit and persuasive in other jurisdictions.

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

Landlord repair obligationsTenant self-help remediesNotice prerequisites

Statutes Interpreted

  • Tex. Prop. Code § 92.056
  • Tex. Prop. Code § 92.052

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