Imagine coming home to your apartment and finding that your refrigerator has suddenly stopped working. You’re worried that your food will spoil if this issue isn't fixed immediately, so you contact your landlord for help. But before you do, you wonder who is responsible for repairing a broken refrigerator? Is it you? If not, how long can a landlord leave you without a refrigerator?
To help you navigate such situations, we’ll provide you with a comprehensive review of Texas property and housing laws on household appliance repairs. On top of that, we’ll also cover what you can do when faced with certain challenges regarding appliance repairs. Continue reading to find out more.
Key Takeaways
Landlords are allotted a reasonable time, typically 7 days, to address problems in their property that affect its habitability.
Texas landlords are mandated by state property code and housing laws to ensure the habitability of their rental properties, which includes providing repair and maintenance for provided household appliances.
Texas law does not require landlords to include basic household appliances, such as refrigerators, in their rental units.
Is a Refrigerator Legally Considered an Essential Appliance?
In Texas, landlords are required to ensure the habitability of their rental property according to the state’s property code. However, does that mean they are legally obligated to include household appliances, such as a refrigerator, in their rental units?
In our years in Austin property management, we can say that landlords in Texas are NOT required to provide tenants with basic home appliances. However, it is common for landlords to do so as it improves the property’s value and desirability.
What State Laws Say About Appliance Repairs
While refrigerators and other appliances are not required, your landlord is responsible for repairs to some extent. So, what do Texas housing laws say about appliance repairs? There are several factors to consider in determining who is responsible for appliance repair.
Ownership
First, Texas state laws look into who owns the appliance. Simply, if the appliance is provided by the landlord, they shoulder the repair costs. However, this is as long as the damage is caused by general wear and tear, and not by tenant negligence or on purpose. On the other hand, any appliance you bring in is solely your responsibility.
Repair Requirement
Another factor that is considered in appliance repair is the type of repair involved. If the repair needed is something considered minor (ex., a busted refrigerator bulb), you are primarily responsible since it’s categorized as a simple maintenance procedure. For major repairs, it is best to provide a written notice to your landlord and let them take the lead in the repair process.
Potential Dangers and Risks
When it comes to damages that pose a risk to a tenant’s health and safety, the landlord is mandated by law to address these in a timely manner. For example, a refrigerator leaking freon can lead to refrigerant poisoning. On top of that, the refrigerants commonly used in fridges are also flammable. Under such circumstances, landlords are to prioritize tenant safety under the state’s warrant of habitability.
Lease Conditions
Generally, your lease agreement outlines the specific guidelines and rules regarding repairs. It also specifies who’s responsible for repair costs under certain circumstances. For example, the standard TAR lease includes a section where landlords can indicate which items or appliances they are not liable for. In this case, if the landlord indicates that they are not liable for the refrigerator under this section, then they are off the hook for any repair that the item may need in the future.
What If Your Lease Doesn’t Mention the Refrigerator?
As we’ve mentioned, your lease indicates the specific regulations and obligations regarding repair for you and your landlord. But what happens if a refrigerator (or any other appliance) is not mentioned in the lease?
The general rule of thumb is that the landlord is still responsible for the repair, especially if the appliance is included as part of the rental unit. According to the Texas Property Code 92.052, landlords must put considerable effort into repairing or remedying any condition that affects the property’s habitability and the tenant’s quality of life.
Can You Break a Lease If the Fridge Isn’t Repaired?
But what happens if your landlord fails to fix your refrigerator for you? When this happens, there are several things that you need to know.
Let’s assume that the provided refrigerator in your rental property stopped working because of normal wear and tear. Once you submit your repair request, the first thing that you need to know is that landlords are given a reasonable time to address repair requests. While the general consensus is that 7 days is considered a reasonable time, the law also considers factors such as the severity of the problem, as well as the availability of supplies and labor.
If your landlord fails to act within a reasonable time, you have the right under Texas Property Code 92.056 to take additional action. For instance, if the landlord has ignored the request or refuses to act, tenants can coordinate the repair themselves and deduct from the rent. If the matter continues to escalate, seeking legal advice on your options to hold the landlord accountable is your best option. Just remember to keep all records of communication with your landlord and any repair receipts if you coordinate the work yourself.
Set Yourself Up for a Smooth Tenancy Experience
Wondering how long can a landlord leave you without a refrigerator? Landlords are required to ensure the habitability of their rental properties. Because of this, they are primarily responsible for repairs and maintenance on their property, including provided appliances like refrigerators.
However, certain circumstances shift the responsibility of repair to you, such as damage caused intentionally or through neglect, or if the appliance is your property. Regardless, it is important to know your rights and responsibilities by reviewing your lease agreement and familiarizing yourself with relevant housing laws. Need help navigating repair disputes? We at Stone Oak Management can provide the guidance and support that you need in communicating your repair needs. Connect with us to find out more about our services.
