1640-B East 2nd St., Suite 150 Austin, TX SELF-HELP REPAIR PACKET

Size: px

Start display at page:

Download "1640-B East 2nd St., Suite 150 Austin, TX 78702 SELF-HELP REPAIR PACKET"

Cody Palmer
8 years ago
Views:

1 Austin Tenants 1640-B East 2nd St., Suite 150 Austin, TX Council (512) (512) fax safe decent fair housing f all SELF-HELP REPAIR PACKET The Austin Tenants Council provides this Self-Help Repair Packet f infmational purposes so tenants can enfce their rights f repairs. However, the infmation contained in this packet is not a substitute f legal advice. Anyone needing legal advice should contact an attney. Enclosed in this packet is the brochure Repairs: The Tenant s Rights and the Landld s Duty, sample repair request letters, and two fill-in-the-blank repair requests. Read the brochure first so that you understand the proper process f requesting repairs. If you do understand what is required of you as a tenant, contact the Austin Tenants Council an attney f advice. The next step is to study the sample requests f repair and then fill out the appropriate fm. Feel free to add any additional infmation to these letters if necessary. These fms are provided f your convenience. However, any letter that contains similar infmation is acceptable. The letters should be sent certified registered mail, return receipt requested hand-delivered with a witness. Sending a letter Certified Mail currently costs $6.49 Keep all documentation from the certified mailing. Regardless of how it is delivered, keep a copy of the letter. Befe exercising any of the remedies described in the enclosed brochure, get advice from the Austin Tenants Council and/ an attney. Hopefully, this Self-Help Repair Packet will provide enough infmation to remedy whatever the repair problem may be. but if you need assistance, call the Austin Tenants Council s Telephone Counseling Line at Rev. 7/2015

However, the infmation contained in this packet is not a substitute f legal advice. Anyone needing legal advice should contact an attney.

2 SAMPLE LETTER REQUEST FOR REPAIRS Date: July 1, 2009 Manager at Blue Ridge Mountain Apartments 102 South Congress Austin, Texas I, Melanie Tenant, am a tenant living at Blue Ridge Mountain Apartments, 102 South Congress, #300 Austin, Texas Please make the following repair(s): The heating system is malfunctioning. There is no hot air coming out of the vents. The living room electrical outlet near the front do sparks and smokes when I try to use it. The living room ceiling is stained and leaking from the pipes in the apartment above mine. There are cockroaches throughout my apartment; it needs complete extermination. I believe these condition(s) constitute a threat to my health and/ safety and I would like them repaired remedied within a reasonable amount of time. Should you be unable to resolve the repair problem(s) within a reasonable amount of time, I request a written explanation of the reasons f the delay within five (5) days after you receive this notice. Ms. Melanie Tenant Certified Letter #: A Hand-delivered on: Witness:

The living room electrical outlet near the front do sparks and smokes when I try to use it. The living room ceiling is stained and leaking from the pipes in the apartment above mine.

3 REQUEST FOR REPAIRS Date: I,, am a tenant living at. Please make the following repair(s): I believe these condition(s) constitute a threat to my health and/ safety and I would like them repaired remedied within a reasonable amount of time. Should you be unable to resolve the repair problem(s) within a reasonable amount of time, I request a written explanation of the reasons f the delay within five (5) days after you receive this notice. Certified Letter #: Hand-delivered on: Witness:

would like them repaired remedied within a reasonable amount of time.

4 SAMPLE LETTER SECOND REQUEST FOR REPAIRS Date: July 9, 2009 Manager at Blue Ridge Mountain Apartments 102 South Congress Austin, Texas I, Melanie Tenant, am a tenant living at Blue Ridge Mountain Apartments, 102 South Congress, #300 Austin, Texas The repairs listed below were iginally requested in a letter you received on July 1, Again, I am requesting the following repair(s): The heating system is malfunctioning. There is no hot air coming out of the vents. The living room electrical outlet near the front do sparks and smokes when I try to use it. The living room ceiling is stained and leaking from the pipes in the apartment above mine. There are cockroaches throughout my apartment; it needs complete extermination. I believe these condition(s) constitute a threat to my health and/ safety and I expect you to have them repaired remedied within seven days after you receive this letter. Should you fail to comply with this request, I will exercise my rights under Chapter 92, Subchapter B of the Texas Property Code. I will terminate my lease and move, pursue judicial remedies, and/ exercise the right to repair and deduct. Ms. Melanie Tenant Certified Letter #: A Hand-delivered on: July 9, 2009 Witness: Mr. John Friend

Again, I am requesting the following repair(s): The heating system is malfunctioning. There is no hot air coming out of the vents.

5 SECOND REQUEST FOR REPAIRS Date: I,, am a tenant living at. The repairs listed below were iginally requested in a letter you received on. Again, I am requesting the following repair(s): I believe these condition(s) constitute a threat to my health and/ safety and I would like them repaired remedied within a reasonable amount of time. Should you fail to comply with this request, I will exercise my rights under Chapter 92, Subchapter B of the Texas Property Code. I will terminate my lease and move, pursue judicial remedies, and/ exercise the right to repair and deduct. Certified Letter #: Hand-delivered on: Witness:

remedied within a reasonable amount of time.

6 NOTICE TO TERMINATE Date: Accding to Section of the Texas Property Code, I am hereby exercising the right to terminate my lease agreement as a result of your failure to comply in a reasonable time with my request to repair condition(s) that affect my health safety. I will be vacating the rental premises at on, 20. Furtherme, please refund my security deposit to me within 30 days of the date that I surrender possession of the rental premises. My security deposit may be mailed to the following address: Certified Letter #:

comply in a reasonable time with my request to repair condition(s) that affect my health safety.

7 Cause No. Tenant: In the Justice Court V. Precinct Place Landld: County, Texas PETITION FOR RELIEF UNDER SECTION OF THE TEXAS PROPERTY CODE 1. COMPLAINT: Tenant files this petition against the above-named Landld pursuant to Section of the Texas Property Code because there is a condition in Tenant s residential rental property that would materially affect the health safety of an dinary tenant. Infmation Regarding Residential Rental Property: Street Address Unit No. (if any) City County State Zip Landld s Contact Infmation (to the extent known): 2. SERVICE OF CITATION: Check the box next to each statement that is true. o Tenant received in writing Landld s name and business street address. o Tenant received in writing the name and business street address of Landld s management company. o The name of Landld s management company is. To Tenant s knowledge, this is the management company s contact infmation: o The name of Landld s on-premise manager is. To Tenant s knowledge, this is the on-premise manager s contact infmation: o The name of Landld s rent collect serving the residential rental property is. To Tenant s knowledge, this is the rent collect s contact infmation: 3. LEASE AND NOTICE: Check the box next to each statement that is true. o The lease is al. The lease is in writing. The lease requires the notice to repair remedy a condition to be in writing. o Tenant gave written notice to repair remedy the condition on. The written notice to repair remedy the condition was sent by certified mail, return receipt requested, registered mail on. o Tenant gave al notice to repair remedy the condition on. Name of person(s) to whom notice was given: Place where notice was given: 4. RENT: At the time Tenant gave notice to repair remedy the condition, Tenant s rent was: current (no rent owed), not current but Tenant offered to pay the rent owed and Landld did not accept it, not current and Tenant did not offer to pay the rent owed. Tenant s rent is due on the day of the month week (specify any other rent-payment period). The rent is $ per month week (specify any other rent-payment period). Tenant s rent (check one): is not subsidized by the government is subsidized by the government as follows, if known: $ paid by the government, and $ paid by Tenant. 5. PROPERTY CONDITION: Describe the property condition materially affecting the physical health safety of an dinary tenant that Tenant seeks to have repaired remedied: 6. RELIEF REQUESTED: Tenant requests the following relief: a court der to repair remedy the condition, a court der reducing Tenant s rent (in the amount of $ to begin on ), actual damages in the amount of $, a civil penalty of one month s rent plus $500, attney s fees, and court costs. Tenant states that the total relief requested does not exceed $10,000, excluding interest and court costs but including attney s fees. Tenant Signature: Date: Street address Unit No. (if any) Phone Number City State Zip

0563 of the Texas Property Code because there is a condition in Tenant s residential rental property that would materially affect the health safety of an dinary tenant.

TEXAS RESIDENTIAL LANDLORD/TENANT. 3. Leases. Lease Agreement. Rick McElvaney Clinical Associate Professor University of Houston Law Center

TEXAS RESIDENTIAL LANDLORD/TENANT Rick McElvaney Clinical Associate Professor University of Houston Law Center 1. Applicable Landlord and Tenant Law * denotes 2007 changes* (NEW) denotes 2009 changes Texas