Krystal and her two children experienced an air-conditioning malfunction in their San Antonio apartment, which she said began Aug. 28. City officials responded to a complaint about the property, and the air conditioning was later found working.
Krystal said, “I'm paying so much money and I'm not getting what I'm paying for,” she said. Temperatures in the children's bedroom were reported to be around 90 degrees.
The heat made a broken AC particularly concerning for a household with children.
City Cites Management
City Responds to Complaint City officials responded to a complaint about the apartment's inoperable air conditioning, according to the report.
Management sent its team to revisit the situation that night. The initial issue was identified as a tripped breaker, and the air conditioning was later found working.
What Texas Law Requires of Landlords
Texas law does not require landlords to install air conditioning in the first place, but once a lease includes it, the rules change. Under Texas Property Code Section 92.052, landlords are legally obligated to make a diligent effort to repair a cooling system when its failure materially affects a tenant's physical health or safety, according to the Texas State Law Library.
State statute provides a rebuttable presumption that seven days is a reasonable window for a landlord to fix a health-and-safety issue after written notice.
Tenants who are current on rent also have self-help options. Texas Property Code Section 92.0561, as detailed by FindLaw, allows a tenant to hire an independent technician and deduct repair costs — up to $500 or one month's rent — from future payments if a landlord fails to fix the AC after receiving formal written notice from a local municipal official. And under Section 92.0563, renters can file suit in Justice Court without a lawyer to seek court-ordered repairs, according to the Office of the Attorney General of Texas.
City Responds to Complaint
City officials responded to a complaint about the apartment's air conditioning, according to the report.
The case highlights questions about how San Antonio handles code enforcement at apartment complexes.
The station advises San Antonio renters dealing with similar issues to report the problem to their apartment complex first, and to contact San Antonio Code Enforcement if it isn't addressed.
Renter Protections
The broader question of renter protections remains unresolved.
The case centers on the impact of the AC problem on Krystal's children. Another San Antonio property has also been reported to have raw sewage issues.
