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Trash pileup at Flintridge Apartments in Arlington, Texas.<\/p>\n
Tiffani Jackson<\/p>\n
Fort Worth Star-Telegram<\/p>\n
Most renters don\u2019t think twice about taking out the trash. But what happens when it stops getting picked up altogether?<\/p>\n
That\u2019s the situation one North Texas renter recently shared on Reddit<\/a> after claiming garbage had been piling up at their apartment complex.<\/p>\n \u201cThe last time they came to pick up trash was two weeks ago,\u201d the poster wrote. \u201cIn my opinion this is a serious health hazard as this much trash is bound to attract raccoons, rats, etc. Am I in any position to take legal action?\u201d<\/p>\n Here\u2019s what Texas law says.<\/p>\n \ud83d\udcf0 In case you missed it: <\/p>\n What are my rights if trash piles up at my Texas apartment?<\/p>\n Under Texas law, you have the right to a safe and habitable place to live.<\/p>\n If a problem at your apartment affects your health or safety, the Texas Property Code<\/a> requires the landlord to address it.<\/p>\n But K\u2019Lisha Rutledge,<\/a> Managing Attorney of the Home Preservation Project at Legal Aid of Northwest Texas, said whether the law applies to overflowing trash depends on the conditions it creates.<\/p>\n \u201cIn Texas, there\u2019s a repair and remedy statute that says landlords are supposed to make sure apartments are free from things that are going to cause hazardous damages, like bed bugs and rodents. All those things that would happen when you have trash piled up,\u201d she said. \u201cTenants can always make a request to the landlord to fix the issue. They can say, \u2018Hey, the trash is piling up, and I\u2019m noticing rats and bugs as a result of the trash.\u2019\u201d<\/p>\n To use the repair and remedy process under Texas law, Rutledge said tenants must be current on rent.<\/p>\n \u201cPay rent on time and in full, then make the repair request,\u201d she said. \u201cI also recommend sending the request in a letter by certified mail that way you have proof of when the landlord got it, because timing is important.\u201d<\/p>\n What if my landlord ignores me?<\/p>\n Once the landlord is notified, Texas law<\/a> says they must address the problem within a \u201creasonable amount of time.\u201d<\/p>\n \u201cA reasonable amount of time is normally seven days,\u201d Rutledge said.<\/p>\n If the landlord still doesn\u2019t address the problem after that, Rutledge said tenants can file a complaint with the city.<\/p>\n \u201cA lot of municipalities will have ordinances about how trash should be stored and how often it needs to be emptied, so you can look at your local city ordinance,\u201d she said.<\/p>\n For example, Fort Worth city code<\/a> requires multifamily properties to have trash collected at least once a week. The city can also require more frequent pickups if needed to protect public health.<\/p>\n Rutledge also said reporting the issue to the city\u2019s code compliance department is often the fastest way to get results.<\/p>\n \u201cCode compliance will send someone out to investigate and if they think that the landlord has done something they\u2019re not supposed to, they\u2019ll fine them, and sometimes they\u2019ll fine them daily,\u201d she said. \u201cFor example, some will say, \u2018Every day you don\u2019t have the trash picked up we\u2019re going to fine you $500 because you haven\u2019t done what you\u2019re supposed to do and until you make the repair, we\u2019re going to keep fining you.\u2019 So I think that\u2019s the quickest way to see a difference.\u201d<\/p>\n Can I sue my landlord over overflowing trash?<\/p>\n Yes. If the landlord still doesn\u2019t address the problem, Rutledge said tenants can file a repair and remedy lawsuit<\/a> in justice court.<\/p>\n \u201cThe lawsuit basically says I\u2019m current on my rent and asked you to make repairs, the repairs affect my health and safety, but you didn\u2019t make them, so I\u2019m suing to force you to make the repairs and I also want you to pay me any damages that are a result of it,\u201d Rutledge said.<\/p>\n Texas law also protects tenants from retaliation if you report unsafe conditions or assert your rights.<\/p>\n \u201cThere\u2019s a presumption that if a landlord files an eviction within six months of you asserting your rights under the lease agreement, you can defend that eviction by saying, \u2018They\u2019re just filing this eviction because they\u2019re retaliating against me,\u2019 and then it will be up to the landlord to overcome that presumption,\u201d Rutledge said. \u201cThe landlord should not retaliate against you, but It does happen, so the tenant will need to keep proof. That\u2019s why we always tell people to keep a copy If you\u2019re sending a repair request and make sure there\u2019s a date on it.\u201d<\/p>\n Related Stories from Fort Worth Star-Telegram<\/p>\n
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