People s Law School 2017 LANDLORD / TENANT. Scott Phillips Partner, Phillips & King PLLC

Transcription

1 People s Law School 2017 LANDLORD / TENANT Scott Phillips Partner, Phillips & King PLLC contact@phillipsking.com

2 Five Most Common L/T Issues From Bed bugs. 4. Deposit Refund 3. Duty to Repair 2. Retaliation 1. Remedies

3 #5. Bed bugs Why are bed bugs such a problem? - They bite! - Can spread via luggage, clothing, blankets, etc; - Can travel from unit to unit via electrical outlets and air vents. - NOTORIOUSLY difficult to get rid of.

4 #5. Bed bugs (cont) Bed bug disclosures: - Usually an addendum to lease agreement; - Increasingly common; Tenant is not required to sign it...but. If signed the agreement is binding, so read it *very* carefully. - Many times tenant is agreeing that the unit is free of bed bugs. - Inspect the unity thoroughly *before* signing.

5 #5. Bed bugs (cont) In the event of an infestation, who pays? General rule: Tenant not at fault for infestation = Landlord s duty to remedy. Tenant is at fault for infestation = Tenant s responsibility to remedy.

6 #4. Deposit Refunds Landlord duties: - Must refund deposit within 30 days of move out; - If any deposit is withheld, must provide an itemized list with costs; NOTE: Landlord must actually *do* the work, not merely get an estimate. Tenant duties: - Must provide written notice to landlord with new address. Landlord s 30 day deadline to refund does not start until tenant moves out *and* forwarding address has been received.

7 #4. Deposit Refunds (cont) Limits to deposit deductions: Cannot deduct reasonable repair costs for wear and tear items. Examples: If your carpet is worn because your family has walked on it for two years, that s wear and tear! If your carpet is worn because your water bed broke open and soaked it, that s a problem.

8 #3. Retaliation Generally defined as when the landlord wrongfully terminates the lease, files for eviction, deprives the tenant of the use of the premises, decreases services to a tenant, or increases the rent because a tenant tries to exercise his rights. As a practical matter, it usually occurs after a complaint

9 #3. Retaliation (cont) Is it Retaliation or just being a landlord? Denial of housing for protected class reasons (race, color, religion, sex, national origin, disability, and familial Status) is not retaliation but is still illegal under Federal law. If a landlord can document that an action was taken for non-retaliation reasons then it will generally be allowed.

10 #3. Retaliation (cont) Examples of retaliatory acts that will generally be upheld: 1) Refusing to renew lease; 2) Terminating month-to-month lease; 3) Evicting for failure to pay late fees, utility bills, etc; 4) Evicting for having a family member in the house that is not on the lease.

11 #3. Retaliation (cont) Exception: A tenant *cannot* be evicted merely because they called Code enforcement. - Upon filing a valid code enforcement complaint, the tenant generally cannot be evicted for six months afterward. -.except for failure to pay rent.

12 #3. Retaliation (cont) Best defense against retaliation: KNOW YOUR LEASE - Many times a retaliatory landlord action violates the lease. - A violation of the lease can be a defense against eviction whereas retaliation generally is not.

13 #2. Landlord s Duty to Repair General rule: Tenant has right to demand landlord repair any condition that materially affects tenant s security, health, or safety.

14 #2. Landlord s Duty to Repair (cont) Text book examples of the duty to repair: 1) The furnace in December; 2) The air conditioning in mid-july.

15 #2. Landlord s Duty to Repair (cont) Other examples: Health - Black mold Safety - Landlord must provide smoke detectors - Lead paint disclosures Security - Window latches - Keyed dead bolts on exterior doors - Sliding door pin locks - Door viewers

16 #2. Landlord s Duty to Repair (cont) Implied warranty of habitability - Rental unit must be suitable for its intended purpose. I.E. as a place for human beings to live. This can be rather subjective. Hole in the roof? Missing a window? Rodents? Roaches? Neighbor plays music loudly at night?

17 #1. Remedies You re having a problem with the property. You talk to an attorney and it is agreed that you have been wronged and have an actionable situation. Now what?

18 #1. Remedies (cont) Some options may be: 1) End the lease; 2) Demand that you be moved to an available equivalent unit; 3) Have the problem repaired and deduct the cost of the repair from the rent; 4) File suit to force landlord to make repairs.

19 #1. Remedies (cont) Ending the lease: - Appropriate in instances where condition cannot be cured; - Depending on condition, may lose deposit; - Tenants generally are not entitled to reimbursement of moving fees; - Now you have to find somewhere else to live! The best result here is usually to negotiate with landlord.

20 #1. Remedies (cont) Demand move to a different unit 1) Most practical in an apartment complex; 2) No legal obligation to accommodate. Check the lease; 3) No obligation to keep rent the same amount. If the new unit rents for more, you may be obligated to pay higher amount. 4) Generally requires a new contract be executed. This could extend the tenancy.

21 #1. Remedies (cont) Have the problem repaired and deduct the cost of the repair from the rent 1) Most popular option for tenants? 2) Repair costs must be less than or equal to one month s rent. 3) Landlord must be notified in writing (that s dead tree format. Texts and s do not count). 4) Notice to landlord must be hand delivered or sent via mail (always send certified mail, return receipt requested). 5) Landlord must be given reasonable amount of time (generally five business days) to fix problem.

22 #1. Remedies (cont) File suit to force landlord to make repairs 1) Relatively new remedy. 2) Suit is filed in Justice of the Peace (JP) precinct where the unit is located. 3) Limited to repairs costing less than $10,000. 4) No lawyer needed.

23 Takeaways Texas does not have extensive tenant protections. Texas generally defers to the contract signed between the parties. KEEP YOUR CONTRACT! Regulations on landlords vary wildly from city to city, and from urban areas to rural ones. Just because your name isn t on the lease doesn t mean you don t have rights!

24 Conclusion Questions?