June 7, 2023 by Ashley Norris
How to Prepare for Extreme Heat Events: Tips, Resources & Renters’ Rights
Extreme heat conditions have been reported all throughout Texas for the past few summers. Make sure you’re prepared to beat the heat with our tips, resources, and explanation of renters’ rights.
Tips for Staying Cool
According to KHOU, “If the heat index hits at least 108 for two consecutive days, Houston Health Department will open cooling centers.” If you lose power or are otherwise without air conditioning, you may seek air conditioning in public indoor spaces like grocery stores, shopping centers, museums, or even libraries. You can find libraries in your area here and a list of local cooling centers here.
Resources
Ready.gov also offers tips in multiple languages for dealing with extreme heat events, like how to prepare, how to be safe during, and information on heat-related illness—check it out here.
We’ve also added material to our Resources Library for your benefit.
- Ready.gov’s Extreme Heat Information Sheet
- Family Emergency Communication Plan (available in English and Spanish)
- Summer Safety Presentation by the National Weather Service
Renters’ Rights to Air Conditioning
A working air conditioner is a necessity during Texas summers, especially during extreme heat events. While most residences are equipped with air conditioning, what happens if yours stops working properly? If a landlord fails or refuses to repair air conditioning, renters have certain rights to protect them in a court of law. Here’s what you can do to ensure your safety as heatwaves continue to sweep across the state.
The Texas Attorney General Tenants’ Rights Handbook mandates that landlords are held responsible for fixing any condition that threatens a tenant’s safety or physical health—this can include the scorching sun on an average summer day. It is a landlord’s obligation to provide suitable/acceptable living conditions to their tenants.
In Texas, the lack of functioning air conditioning during the brutal summer would qualify the tenant for repairs. As long as the damage is caused by normal wear and tear and not the fault of the tenant, a guest or invitee, the landlord must make an active effort to repair or remedy a condition if:
- The tenant specifies the condition that needs to be repaired or remedied;
- The tenant is current on the rent; and
- The condition materially affects the physical health or safety of an ordinary tenant.
Repair Requests
Tenants must provide a proper written notice of the need for repairs to their landlord or apartment management. Lone Star Legal Aid has drafted a Repair Request Letter Template that can be used by tenants. They should also document the conditions that require repair by taking photos and making copies of all correspondence. Documentation should include:
- The date of the repair condition and request;
- Tenant’s name and address;
- Description of repair problem;
- Statement that the problem is a threat to health or safety;
- A request that the repairs begin in a reasonable amount of time;*
- A request for a written response if the work cannot be completed within 7 days; and
- A signature.
*7 days is presumed to be a reasonable amount of time for most repairs. In the case of an emergency, this window can be reduced to 24-48 hours.
The landlord must then begin and complete repairs within this window or issue a written response to the tenant(s) if the repairs will take longer.
Lease Termination
If a landlord fails or refuses to respond to a repair request, tenants have the right to terminate the lease. To do so, the tenant must have sent the notice to repair, cannot owe any rent, and was not responsible for creating the condition that requires repair. They must then provide written notice about the reason for terminating the lease and include the date they will vacate the unit. If they leave before the end of the month, they have the right to a refund for prepaid rent for the days that you will not be there. If you have abided by the rules of your lease, you are also entitled to a refund of your security deposit (excluding damages as outlined by your lease). The landlord will need a forwarding address in order to fulfill the obligation of refunding the deposit or any other subsequent fees included in the lease agreement. If they do not wish to move, tenants also have the option to take the matter to Justice (small claims) court and sue their landlord for repairs and damages. The court can order the landlord to make the repairs and can even reduce your rent from the date of the original repair request. If a tenant can prove damages caused by the failure to repair, the court can also recover from the landlord a civil penalty of one month’s rent (plus $500-1,000), reasonable attorney’s fees, and the cost of court.
Lone Star Legal Aid is a 501(c)(3) nonprofit law firm focused on advocacy for low-income and underserved populations. Lone Star Legal Aid serves millions of people at 125% of federal poverty guidelines that reside in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties of Southwest Arkansas. Lone Star Legal Aid focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety and stability, health and well-being; and assisting populations with special vulnerabilities, like those with disabilities, or who are elderly, homeless, or have limited English language skills. Lone Star Legal Aid does not discriminate on the basis of race, color, religion, creed, gender, gender expression, sexual orientation, age, national origin, ancestry, disability, marital status, or military status, in any of its activities or operations. To learn more about Lone Star Legal Aid, visit our website at www.lonestarlegal.org.
Media contact: media@lonestarlegal.org
