Denise paid more than $2,000 a month to rent her apartment. Her refrigerator broke. Her landlord didn’t fix it correctly.

At first it was ok. She told someone in the front office. They gave her $200 for the spoiled food and fixed the refrigerator.

But then, the refrigerator failed again. Water leaked everywhere. A month later, the refrigerator stopped working all together.

Denise complained again and again. Finally, a worker replaced her broken refrigerator with another, used refrigerator. It broke, too.

She was caring for two children. She was spending half her monthly income on rent. Denise was exhausted. She called Lone Star Legal Aid. She wanted out of her lease. Attorney Megan Beesley explained the law.

What to Do If Your Landlord Won’t Make Repairs

According to TexasLawHelp.org, tenants should give written notice to their landlord about the repairs.

1. Write a note to your landlord.
2. Send the note by certified mail, return receipt requested [CMRR].
3. Be specific about the repairs needed.
4. Keep a copy of the written notice and the pictures.

You can find an example of a letter here. Denise followed the directions above. She gave the landlord a “reasonable amount of time” to make the repairs. The law is not specific, but 7 days is a good rule of thumb. “Had it been seven days since Denise sent her written request?” attorney Beesley asked. If she still didn’t have a working refrigerator after 7 days, Beesley explained, Denise could get out of her lease.

Getting The Money Back 

Seven days passed. The refrigerator was still broken. Attorney Beesley told Denise to gather her receipts. Together, they filed a repair-and-remedy claim. Here is what Denise wanted:

• $2,500 to cover the cost of spoiled food each time the refrigerator failed.
• $1,000 to cover the cost of replacement food.
• A working refrigerator.
• Early release from her lease.

After Ms. Beesley filed the lawsuit, the landlord sprang into action. After four months without a working refrigerator, the landlord delivered a new refrigerator within a week.

When Ms. Beesley went to court with Denise, they explained her story to a judge. The judge said Denise was right. The landlord should pay her $2,500. Within 2 weeks of the hearing, Denise had a check for the full amount from the apartment complex.

Moving Out Early

Denise still had a few months left on her lease. After all her trouble, however, she wanted to leave. Since the landlord fixed her problem, she couldn’t leave early.

“Try talking to your landlord,” Ms. Beesley suggested. “See if they’ll make an exception.” Denise spoke to the landlord and the landlord agreed she could leave early.

Denise called Lone Star Legal Aid for help. Her landlord collected her rent money. But the landlord wasn’t giving Denise what she paid for. Denise deserved a working refrigerator. Attorney Megan Beesley helped Denise hold her landlord accountable.

*Names have been changed to protect the identity of the client(s).

Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.

Media contact: media@lonestarlegal.org