“A livable home is a basic right. But what happens when your apartment is under repair?”
When something in your apartment breaks, leaks, or gets damaged, repairs are necessary. But can you actually stay in your unit while those repairs happen? The answer depends on several factors: the extent of the damage, your lease agreement, and local laws.
Some repairs are minor—like fixing a leaky faucet or repainting a wall—while others, like major plumbing failures, mold remediation, or fire damage, can make a unit temporarily unlivable.
Let’s break down when you can stay, when you can’t, and what rights you have as a renter during apartment repairs.
Types of Repairs: Can You Stay or Should You Go?
✅ Repairs You Can Stay for:
These fixes may be inconvenient but not unsafe, so staying put is usually an option:
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Leaky faucets or minor plumbing repairs
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Painting or cosmetic upgrades
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Drywall patching
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Electrical work in non-essential areas
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Door and window replacements
Tip: If you’re dealing with noise, dust, or limited access, talk to your landlord about repair schedules.
❌ Repairs That May Require You to Leave:
These repairs can make your unit temporarily unsafe or unlivable:
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Major plumbing failures (like sewage backups or no running water)
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Fire or smoke damage repairs
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Severe water damage or mold removal
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Structural damage (like foundation issues)
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Major electrical work affecting power supply
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Roof replacements that cause exposure to weather
If repairs take more than a few days and make the unit uninhabitable, you may have rights to compensation or temporary housing.
Renter’s Rights During Repairs
Under Texas law, landlords must maintain a livable rental unit. If repairs compromise your safety or basic needs (like running water, electricity, or structural stability), you may be entitled to:
✅ Temporary housing or hotel accommodations
✅ Rent reductions or refunds for the affected time
✅ Lease termination in extreme cases
What Counts as “Unlivable”?
According to the Texas Attorney General, an apartment is considered unlivable if it lacks:
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Running water
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Electricity
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Heating or air conditioning (in extreme weather)
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A secure, structurally safe environment
If your apartment is uninhabitable, check your lease and discuss relocation options with your landlord.
More on tenant rights in Texas:
Who Pays for Temporary Housing?
If your unit is unlivable due to required repairs, your landlord may be responsible for covering temporary accommodations. However, it depends on:
Your Lease Agreement:
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Some leases require tenants to arrange their own housing during repairs.
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Others include relocation clauses requiring the landlord to cover hotel stays.
The Cause of the Damage:
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If the damage was your fault (e.g., you caused a fire), you may be responsible for housing costs.
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If it was due to natural disasters or landlord negligence, the landlord or insurance may cover it.
Insurance Coverage:
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Renters insurance may cover temporary housing under “Loss of Use” coverage.
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Landlord’s insurance may cover relocation in some cases.
Check your lease and renters insurance policy to understand your rights!
What to Do If Repairs Disrupt Your Living Situation
1️⃣ Ask Your Landlord About a Timeline
If repairs are long-term, ask for an estimated completion date and if you’ll need to relocate.
2️⃣ Request a Rent Reduction
If repairs make part of your unit unusable (like a non-working kitchen), you can ask for a rent discount.
3️⃣ Look Into Temporary Housing Options
If needed, ask if the landlord will cover a hotel or another unit in the complex.
4️⃣ Know Your Rights
If a landlord refuses to make essential repairs, you may have legal options:
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File a complaint with Texas Public Adjusting (txpublicadjusting.com) if insurance claims are involved.
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Learn about your legal rights from Texas Tenant Resources (HUD Tenant Rights).
Final Thoughts: Should You Stay or Go?
Whether you can stay in your apartment during repairs depends on the extent of the damage, the repair timeline, and your lease agreement.
If repairs don’t affect basic living conditions, staying is fine. But if your unit lacks water, power, or structural safety, you may be entitled to relocation assistance or rent adjustments.
When in doubt, review your lease, communicate with your landlord, and explore legal protections.
Need help with an insurance claim related to apartment repairs? Texas Public Adjusting can help!
