TYLER, Texas — Texas temperatures can easily reach uncomfortable numbers during the summer months.
"My air conditioner hasn’t been working, and it’s been like 80 degrees in my house," Dnaleri Vasquez said.
Vasquez and her roommate live at The Village on Broadway, located at 5315 South Broadway Avenue in Tyler, and they reached out to CBS19 after reportedly being with an operating air conditioner since April 2019.
"[A] few more weeks went on, and they brought in four industrial fans and a dehumidifier to try to get the carpet dry," claimed Vasquez. "And we asked her [property manager], ‘What is this going to do to our electric bill?' This problem could’ve been handled sooner."
A lack of sufficient air conditioning is just one of the complaints Vasquez and her roommate say they told apartment management about in recent months.
"We've had several A/C calls coming in and that is throughout the property," National Property Management District Manager Christine Lewis said. "In the lease, it states that A/Cs are not an emergency until its over 100 degrees outside."
But what does Texas law say about broken air conditioning units in apartments or rental properties?
The state's property code says landlords must fix any condition that threatens a tenant's physical health or safety. However, the lack of air conditioning is not specifically addressed as a safety hazard.
“We understand it is completely frustrating," said Lewis. "We’re frustrated, too. We’re very frustrated. We don’t want it this way. We wish we had a very quick answer to it. We don’t but we’re going to continue to work on it.”
If a tenant finds themselves in a situation where they feel their physical health or safety is at risk, there are options.
The tenant must inform management of any needed repairs through a written notice. The notice can be delivered in-person or sent through certified mail. It is then advised that a tenant waits seven days for a response and for action to be taken by management. According to state law, seven days is a reasonable response time in typical instances, but it also says the severity and nature of the condition, and the availability of materials and labor should also be considered.
"Since our maintenance man left, we have gone through four maintenance men," Lewis said. "We have not been able to find someone who does want to work hard like it takes and get the job done. They hear 63 units and they think, 'Oh, that’s easy'. Well, it’s a vintage property. It’s not easy."
If the repairs are not made within the aforementioned time frame, according to Texas Tenant Advisor, there are three sources of authority that can either force or convince management to address the issue.
LEASE AGREEMENT
Most leases contain information about what the landlord is responsible for and what the tenant is responsible for.
The form lease, drafted by the Texas Apartment Association (TAA), may state in part: "We'll maintain the dwelling in good order and pay for repair and maintenance."
If you have a lease with this provision you can use this to assert that the landlord is responsible for fixing dishwashers, leaky faucets and more serious matters.
REPAIR STATUTES
Under Texas law, regardless of what the lease says, the landlord is required to repair problems that materially affect the physical health or safety of an ordinary tenant and are not caused by the tenant, occupant or a guest.
If the problem developed from normal use of the premises by the tenant, occupant or guest, the landlord is still responsible for repair. For example, leaky plumbing, rodents, broken air conditioning units in extremely hot temperatures, sewage leaks, shattered sliding glass doors or caved ceilings all affect health and safety.
MUNICIPAL ORDINANCES
Most cities have minimum housing standards a landlord must comply with. Check with your city officials to determine if there is an applicable ordinance that addresses your problem.
Other properties National Property Management owns in East Texas include:
- The Colony Apartments - 300 Champions Drive, Lufkin
- Canyon Creek Apartments - 601 Industrial West, Sulphur Springs
- The Abby Apartments - 4917 Thistle Drive, Tyler
- The Ridge at Tyler Apartments - 4800 Paluxy Drive, Tyler
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