PASADENA, Texas – As the Texas summer heat continues to bear down, one Pasadena renter says he’s had enough of sweating it out inside his own apartment.
Michael Cuellar lives in a Pasadena apartment complex where, he says, the air conditioning barely works, no matter how low he sets the thermostat. Temperatures in his unit routinely reach the upper 80s, even while he’s away at work.
“I try to keep it as cold as I can at night for [my cat],” Cuellar said. “So, I won’t have to be worrying while I’m gone during the day.”
After making several repair requests to the apartment complex, Cuellar says only temporary fixes have been made none of which he feels have fully resolved the issue. In the meantime, his electricity bills have skyrocketed. He shared one recent bill that totaled more than $300, which he says is a direct result of overworking fans and constantly lowering the thermostat in an effort to cool off the space.
What Texas law says about repairs
Attorneys with Lone Star Legal Aid shared key steps renters should follow when dealing with an issue like broken air conditioning which is considered a health and safety concern.
Here’s what they say:
- You must be current on rent. This is critical. If you’re behind on payments, you likely lose your right to request repairs under the Texas Property Code. Withholding rent, even if your unit is not being properly maintained, can lead to eviction.
- If the problem isn’t fixed, you’ll need to submit a written notice. This step is what triggers your legal rights under the law.
- The written notice should include:
- The date
- A clear description of the problem
- Your name and address
- The best method is sending the notice via certified mail with return receipt requested. This way, you only need to send one notice, and you’ll have proof it was received.
- If you choose to deliver the notice in person or by regular mail, you must send two notices and allow a reasonable amount of time (typically 7 days) between them before taking further action.
Protect yourself: What you can do
Attorneys recommend taking photos or videos to document the condition and using your phone to record yourself delivering written notice, if you’re doing it by hand. That time-stamped evidence could be important if legal action becomes necessary.
And again, attorneys stress, never stop paying rent during the process. Doing so can seriously harm your ability to take legal steps later.
