The "How To's" of Repairs

Read your lease and locate the clause concerning repairs and maintenance. The lease will state what responsibilities, if any, the owner will assume concerning repairs and maintenance. Not all leases require that the manager/property owner make ordinary repairs.

Most leases containing repair clauses require that the following steps be taken to get repairs made.

1. Give your manager/property owner a written notice (a work order filled out by the management is not sufficient) requesting that repairs be made. Make a duplicate copy and have the manager/property owner sign both copies. Be sure to keep a copy for your files.  If the manager or property owner refuses to sign the request for repairs, send the notice by certified mail, return receipt requested. The cost of a certified letter is about $3.00 at any post office and includes a returned receipt showing that the manager/property owner received the notice.  If you send the notice by certified mail, you are only required to send one notice.
   
   An Example of Repair Request Form (PDF)
    
2. Wait a reasonable time. Reasonable time depends on the nature of the repair. A clogged toilet would necessitate repair quicker than a broken dishwasher knob. Repairs requested at peak move-in times will require more time than at other periods of the semester. Holidays should also be considered when defining "reasonable time."  On the average, "reasonable time" can be interpreted as seven to ten days if regular maintenance personnel can do the work.
   
    

3. Submit a second written notice if repairs have not been made within approximately five working days. Again, have the manager/property owner sign both copies and keep a dated copy for you files. In the second written notice, indicate your intent to terminate the lease unless repairs are completed within one week's time (this time period may vary from lease to lease).
   
   **** YOU CANNOT FORCE THE MANAGEMENT/PROPERTY OWNER TO MAKE REPAIRS. ****
    

4. For all leases in Texas, state law imposes a duty on the manager/property owner that the apartment or house will be habitable. This means that the manager/property owner must repair any condition that materially affects the safety or health of an ordinary resident. Examples of conditions might include sizeable roof or other water leaks, structural defects or serious electrical hazards that impose a danger to your health. The Texas Property Code assures apartment residents a very important right. The property owner has a duty to repair or remedy a condition in the apartment which materially affects the physical health or safety of an ordinary resident and the resident's remedies in the event a property owner fails to do so.
   
    
5. Another repair alternative involves the "repair and deduct" clause. This allows the resident to have the repairs done and subtract the cost from the rent owned. Since not all types of repairs may be made under this clause, this is best done with the assistance of either a staff member in Adult, Graduate & Off Campus Student Services or Student Legal Services in the Student Conflict Resolution Services office. The law provides a procedure for requesting repairs and gives a resident specific rights in court against the manager/property owner if repairs are not made.  
   
    
6. If your lease does not require the manager/property owner to make repairs, you might attempt to negotiate terms for repairs. This is often difficult after the lease is signed.  If the management is not responsible for repairs, you cannot terminate your lease if repairs are not made.