The short answer is no, but there is an limited exception for a landlord's failure to repair essential services. Even then, the very limited exception doesn't allow a tenant to "withhold rent" and has very specific legal steps. Our firm helps tenants navigate this process. If you are a tenant in need, please feel free to contact our firm.

Withholding Rent: Two Wrongs Do Not Make A Right.

There is a right way and many wrong ways how to handle a landlord not making repairs. The problem is, many tenants become emotionally frustrated when they are taken advantage of or ignored by their landlord. The tenant believes the landlord will take him or her seriously when the landlord doesn't get the rent check.

This common mistake likely results in the tenant being in breach for non-payment. The tenant likely has just given the landlord grounds for eviction and attorney fees. This often results in both parties filing lawsuits against each other leading to possibly unnecessary attorney fees and costs for both sides. The court will likely see both sides have, in fact, breached their obligations either by statute or contract. Two wrongs do not make a right. A tenant can accomplish its goals without breaching its obligations.

What Is The Essential Services Exception?

While you cannot "withhold rent," there is a statutory provision outlining extremely specific remedies under extremely specific circumstances. It requires 1) the landlord deliberately or negligently failing to supply 2) essential services, and 3) written notice provided by the tenant to landlord. Essential services has a unique definition and you will need to speak with an attorney to see if your facts apply.

This provision is also exclusive and you cannot proceed under the other statute to terminate the lease. Instead, the purpose is to "fix" the issue and continue operating under the rental agreement. If the specific circumstances are met, the tenant can either A) have it fixed themselves and deduct it from rent; B) recover damages based on the diminution in the fair rental value if occupied by tenant; or C) procure reasonable substitute housing during the period of landlord's non-compliance in which case tenant is excused from paying rent for the period of the landlord's noncompliance.

Tenants very often misinterpret the language of the Essential Services provision, its application to the facts of their case, or carrying out the essential steps to comply. If a tenant fails to properly navigate this process, they expose themselves to a counter-suit by the landlord who will seek damages and attorney fees. It is critical it be done properly.

What You Need To Know Before Taking The Next Step.

First and foremost, your request for repairs should be made in writing listing the item(s) needing to be repaired by landlord. If you've requested the repair in writing and the landlord has not fixed it in fourteen (14) days, it is recommended you contact an attorney ASAP. You will have to decide whether you want to either A) terminate the rental agreement; or B) continue renting and force the landlord to make repairs. Either way, you are going to want an attorney due to the risk involved.

If you decide to terminate the lease, you may have a lot at risk depending on how long you have remaining on your lease. Typically, landlord's have far less financial risk going to court because if they lose, they continue to receive checks for rent. If a tenant terminates immediately, moves into another rental agreement, then loses... they now risk having to pay rent for two homes.

"But He's An Attorney, Of Course He Recommends You Hire Him"

I always tell Tenants they should hire a lawyer, whether it be this office or someone else is completely up to the tenant. I care about tenant rights and I've seen what happens most of the time when tenants represent themselves.

It is true you do not need an attorney to file a lawsuit. Similarly you do not need a doctor to operate on yourself. Possible? Yes. A good idea? Definitely not. It is also very likely the landlord will have an attorney and you would be held to the same standard of understanding the rules of civil procedure, evidence, and both statutory and common law as the landlord's lawyer. I have seen plenty of tenants go to court because "the judge will understand the simple truth" and the tenant can "handle it themselves" only to have panic and confusion in their eyes as the other lawyer runs circles around them, regardless of how "good" their facts are.

How A Lawyer Can Help.

If you are wanting to remain in the property and simply have the repairs made, our first step a client can take is to have our office send a demand letter to the Landlord to have the repairs made and to reimburse the tenant's attorney fees. This minimizes conflict and cost for both parties. If the landlord still refuses to make repairs or the tenant client believes the landlord is unreasonable, filing for injunctive relief and damages may be the next step.

It is far more common that the tenant elect to terminate the lease. This is because in contract law, courts are far more inclined to terminate a contract and award damages than force cooperation between a landlord and tenant who do not get along. We closely evaluate the unique facts surrounding each tenant client to craft a letter terminating the lease, arranging for turning over possession, and recovering damages. We prepare a settlement agreement proposing a modification to the lease termination date allowing the parties to part ways amicably.

If the landlord refuses to sign the settlement agreement, we then recommend to our tenant clients to proceed to court to terminate the lease and seek damages and attorney fees.

How Much Does Court Cost And What Are My Damages?

The tenant will be responsible for the court costs including the filing fee and the sheriff's fee to go serve the landlord with the lawsuit. As an example, in Williamson County those two costs are approximately $200.00. If the tenant prevails in their case, court costs are assessed against the landlord. Similarly, clients are responsible for paying attorney fees when retaining our services, but are entitled to seek a judgment against the landlord for their attorney fees.

Damages vary from case to case. In contract law, the goal is to restore the non-breaching aggrieved party to a position had the breaching party not breached. That's lawyer talk to reimburse the harmed party so they aren't out any expenses from the other party's wrongdoing. Damages could include moving expenses, temporary lodging, increased fast food expenses, etc. Contractual damages usually do not include pain and suffering absent the most extreme circumstances.