Q: Can I withhold rent if water heater issues go unresolved for months?
I am near the end of a 1-year lease on a home, and the water heater has been broken for 4 months. I have made multiple repair requests since November, including emails and phone calls. Initially, a technician was sent, but he wasn't qualified to fix a gas water heater. A contractor later stated that the entire unit needed replacement without examining it. Since then, I have been told that someone, either a maintenance manager or property manager, would contact me, but that hasn't happened. The lease states that the landlord is responsible for water heater maintenance and repairs using "reasonable efforts" and within a "commercially reasonable time." Can I withhold rent, or what actions can I take since I am tired of dealing with cold showers and getting the runaround?
A:
Unless your lease expressly authorized you to withhold rent for this reason, you should not withhold rent.
Chapter 92 of the Texas Property Code does provide you as a tenant with a different remedy called "repair and deduct." See Section 92.0561. You must comply with all the notice requirement of that section before you are entitled to exercise that remedy. Once you have complied with those requirements, you can hire a plumber to make the necessary repairs, and deduct what you have paid the plumber from your rent.
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