Facing eviction threats and inadequate maintenance from landlady in Texas.

Question

I am currently facing eviction threats from my elderly landlady, who has attempted to evict me three times over the phone. Additionally, her son came to the house indicating that they found someone else to buy the property due to irregular rent payments, despite having been here for four years. The house has multiple issues, including three broken windows, a leaking roof, and many holes in the ceilings and walls, which she refuses to repair. The only improvement she has made is installing a new toilet. She is trying to sell the house for over 70 grand even though it's barely livable. The rent is challenging to pay given our high household bills. My family feels stuck as each conversation witnesses her forgetting past agreements, like our arrangement of staying until we get on our feet. She has also begun selling the house without notifying us. How can we address these issues, especially concerning her breach of our verbal agreements and inadequate property maintenance?

John Michael Frick · Answer

It appears you have a verbal month-to-month lease for an indefinite term.  If that is true, then your landlady is required to give you 30-days advance WRITTEN notice to end the lease.  She is not required to notify you of her intent or efforts to sell the house.  Absent an agreement to the contrary, she is not obligated to make any improvements to the premises during your occupancy.  The best way to address problems concerning verbal agreements is to be sure to put all agreements in writing and have both parties sign. 
 
Your landlady is, however, required to maintain the premises in habitable condition and, in the absence of an agreement to the contrary, to repair problems that affect the physical health or safety of an ordinary tenant within 30-days of receiving written notice from the tenant of the problem.  There are two exceptions to this duty.  First, if the problem existed at the time the tenant took possession of the premises and the tenant did not request in writing that the problem be corrected at that time.  Second, if the problem was caused by the tenant, a member of the tenant's household, or the tenant's guest.   
 
The Texas Property Code contains a very detailed step-by-step process that a tenant and landlord must follow; but, if the landlord fails to fix the problem as detailed by that procedure, the tenant may have the right to repair the problem and to deduct the cost of repair from the tenant's rent.  This is called a tenant's "repair and deduct" remedy.  One prerequisite to invoking this tenant right is that the tenant must be and remain current on rent from the time written notice is given to the landlord and the repair is performed.

James L. Arrasmith · Answer

You are facing several challenges with your landlady, and it's important to know that verbal agreements can still hold weight in Texas, though they are harder to enforce than written ones. If you have a verbal agreement about staying until you get on your feet, you may have some protection, especially if your landlady is threatening eviction without proper notice or cause. However, verbal agreements can be tricky to prove, so it’s a good idea to document everything in writing, including any past conversations or agreements. 
 
Regarding the property's maintenance issues, Texas law requires landlords to provide habitable living conditions, and failure to repair significant issues like broken windows and a leaking roof could be a violation of that responsibility. You may want to send a formal, written notice to your landlady, outlining the repairs that need to be made, and request a timeline for completion. If she refuses to make repairs, you may be able to pursue a rent reduction or withhold rent until repairs are made, but this is a complex legal area, so seeking legal advice would help clarify your options. 
 
As for the eviction threats and her selling the property, she must provide formal, written notice and follow proper legal procedures to evict you. If she tries to sell the house without giving you proper notice, this could be a breach of your tenant rights. You may need to consult with an attorney or contact a tenant advocacy group to help you understand your rights and options, including how to challenge the eviction and enforce your rights under the lease.

Q: Facing eviction threats and inadequate maintenance from landlady in Texas.