When you rent a house or an apartment, you expect to have all the basic necessities in place. You expect to have heat and air conditioning, running water, and locks on the door. The question is, do landlords have to provide hot water as well? To settle this, here’s a comprehensive review of your rights as a tenant and your landlord’s responsibilities when it comes to providing hot water in their rental properties.
3 Key Takeaways
- Texas landlords are legally mandated to provide their tenants with hot water in their rental properties.
- In case of hot water issues, landlords are given a reasonable time to fix the problem.
- Communicating early signs of hot water problems is key to timely repair and avoiding added inconveinence.
What the Law Says (and Where It Applies)
Based on our experience in property management in Austin, we’ve encountered cases where both tenants and landlords are unclear about their responsibilities. When this happens, it’s always best to just go back and review what the lease, federal law, and state regulations have to say about it.
Now, according to the implied warranty of habitability, landlords must provide and ensure that their tenants have a safe and habitable living space. This involves essentials such as working plumbing, sewage, electricity, water, and more. However, the state property code specifies that landlords must also provide hot water (not less than 120 degrees Fahrenheit) as part of their responsibility to ensure habitability.
How Quickly Must Landlords Fix a Hot Water Issue?
What does the law say about water heater repairs? The Texas Property Code 92.052 establishes the landlord’s responsibility over property repair and maintenance when it comes to conditions that affect the tenant’s health or safety. So, if you have a broken water heater that can’t provide you with an adequate supply of hot water, landlords must make a diligent
effort to repair it immediately. Keep in mind that there are conditions in place regarding a landlord’s duty to remedy such situations.
First, whenever there’s a need for a repair, you must be current on your rent. You can’t withhold rent payment because of a broken water heater. If you do, your landlord can find you in violation of your lease agreement.
Second, the cause of the damage or the lack of hot water must not be due to the tenant's negligence or accident. For example, if you have noticed rust on your hot water system for a long time and have failed to report it, or you (or your guest) have accidentally created a dent or crack in the hot water tank.
Now, since the lack of hot water is considered a major repair, the Texas Property Code has also established the acceptable timeline for such conditions. Generally, the reasonable time allotted for repair is 7 days, with considerations regarding the severity of the problem and the availability of materials and labor. However, for major repairs, the reasonable time is cut to just 3 days – but communication is key between all parties to ensure a timely repair.
What Tenants Should Do If There’s No Hot Water
So, what should you do if you don’t have water in your home? In order to properly request a repair, you must send a written notice to your landlord using certified mail or other electronic process set up by your property manager. The moment your landlord receives your request, they have a reasonable time to have the condition repaired. If they fail to do so, you need to send a second repair request notice and wait for them to respond within a reasonable time.
Now, if your landlord completely fails to remedy your hot water issue, then you have the right to proceed as you see fit, but in accordance with the Texas Property Code. The law states that you have the right to:
- Get a qualified tradesman to repair and deduct the cost from your next rent payment
- File a claim and force a rent reduction
- Get a court order to force your landlord to remedy the situation
- Terminate the lease and move out
But note, these are extreme situations. The best course of action is always open communication. If your landlord is having issues getting parts or finding a licensed repairman, they should let you know. At the same time, tenants must be flexible to accommodate repair schedules in order to remedy the situation quickly.
Can You Withhold Rent or Break the Lease Over No Hot Water?
The quick answer to this question is first no, and then, yes. You can’t stop paying rent just because you have a hot water issue, even if your landlord has not remedied the situation yet. You can’t use your rent payment as leverage to force your landlord to address your problem immediately. Most importantly, it’s a requirement under the Texas Property Code that you are current with your rent whenever you request a repair.
On the other hand, it’s well within your rights as a tenant to terminate your lease and move out if your landlord fails to fix the hot water issue. Landlord negligence and non-compliance are valid reasons for lease termination. Just remember, documentation is key and you must follow the legal process.
How to Prevent Hot Water Disputes in the Future
Having hot water in your home is a necessity. However, some problems are simply unavoidable. Factors such as normal wear and tear and old age can cause your hot water system to malfunction or break altogether. The question is, how can you communicate with your landlord and avoid disputes when it comes to the repair?
First and foremost, one of the most important things that you need to do to avoid disputes regarding repairs is to document everything when you move in. Do a complete walkthrough of the property and pay particular attention to the condition of the hot water system. Check the water heater, the thermostat, and its plumbing. Take pictures and videos so that you have visible proof of the initial condition before you move in.
Then, it’s critical that you communicate any problems regarding the hot water system immediately to your landlord. Early signs of trouble include inconsistent water temperature, low water pressure, rusty water, odd water smell, and hot water shortage.
When you do report a problem, approach your landlord respectfully and professionally. Throughout the process, maintain an open and positive relationship with your landlord and strive to solve the issue collaboratively.
Make Repair Request a Breeze
Texas housing laws consider hot water as an essential amenity as part of rental property habitability. So, they are required to provide their tenants with an adequate hot water supply at
all times. In case your hot water system breaks, your landlord is responsible for ensuring that the issue is fixed within a reasonable time.
Repair requests can sometimes be troublesome. You need to be in constant communication with your landlord, and there’s a lot of back and forth. If you want to make repair requests easier, partner with us at Stone Oak Property Management. We process maintenance and repair requests, making sure that tenant concerns are heard and addressed in a timely manner. Come visit our website and connect with us to know more about our services.
