SAN ANTONIO – The most common kind of caller reaching out to the KSAT 12 Defenders? Frustrated renters dealing with problems they can’t get their landlord or apartment management to fix.
Renters do have recourse if they know the right steps to take.
The Texas Attorney General’s Office recommends sending your landlord or apartment management a letter by certified or registered mail detailing the problem and the repairs needed.
Be sure to request a return receipt.
The AG says the law “presumes 7 days to be a reasonable time” for a landlord to begin making an effort to make repairs, but the amount of time could vary depending on the circumstances.
However, the office of the AG does not have an enforcement arm.
“When it comes to landlord tenant issues, unfortunately we don't have jurisdiction in many instances. So there's not much we can do in terms of taking legal (or) enforcement action,” said AG spokeswoman Teresa Farfan. “But what we can do is provide information to consumers.”
If a renter has notified a landlord of the problem via certified or registered mail but no action is taken, they can turn to a Justice of the Peace for enforcement by filling out a Repair and Remedy Petition.
There are fees associated with filing a petition to be placed on the court docket.
No attorney is needed to resolve a landlord/tenant dispute in Justice of the Peace court. A Justice of the Peace can only handle rental problems that involve a written lease that remains intact. An oral lease agreement is most often not enforceable.
Violating a lease by refusing to pay rent is the most common mistake renters make when trying to get their landlords to take action, according to the San Antonio Department of Human Services.
"If you withhold rent, you’re putting yourself at risk,” said DHS Assistant Director Richard Keith. “By not paying the rent, you provide an opportunity for the landlord to use that and say ‘I’m going to evict this person because they’re not paying their rent.'”
While DHS does not have the power to force landlords to make repairs, the department can act as a mediator between tenant and landlord to help resolve any issues.
DHS Housing Counselors can also help tenants better understand the terms of their lease.
Not fully understanding the lease agreement a tenant signs can also be a source of turmoil for renters, says Keith.
Renters can contact DHS Housing Counselors for free at 210-207-5910.
“We will talk to both the tenant and the landlord to see if we can serve as a bridge between the two,” Keith said.
Often, renters reach out to their local health department or code enforcement division for help.
San Antonio Metro Health says it does not deal with landlord/tenant disputes.
City code enforcement asks that renters call 311 to make a complaint.
“We will send a code officer out there to investigate the issue,” said Rod Sanchez, director of Development Services, the umbrella agency over code enforcement. “If in fact we do find a violation of our code, we will issue a violation notice.”
The property owner usually has 10 days to resolve an issue before receiving a citation from code enforcement.
If the property owner does not comply, they can be asked to appear before the city’s Building Standards Board or Municipal Court. Both are processes that take at least several weeks.
You can also reach out to the Fair Housing Council of Greater San Antonio or San Antonio's Fair Housing Program to help resolve rental issues.