Tenant resources

Know Your Rights. Take Action. Stay Informed.

Whether you are documenting a repair issue, preparing to move, or considering your options, these starting points can help you organize your records and questions.

Open the Legal Resource Kit

These resources are general information, not legal advice. Consult a qualified attorney about your circumstances.

Legal rights under Texas law

Texas Property Code Chapter 92 includes protections related to repairs and habitability. Landlord retaliation for certain tenant actions, such as requesting repairs or filing complaints, is generally prohibited. Specific protections depend on the circumstances and required notice.

Written notices and demand letters

Document the issue and keep copies of your correspondence and proof of delivery. Templates may help with:

Utility interruptions or service disruptions
Requests for repairs affecting health or safety
Lease or security deposit disputes

Certified mail with return receipt is commonly recommended.

Small claims court

Justice Court may be an option for qualifying monetary disputes, including some financial losses or security deposit claims. Texas small claims cases may seek up to $20,000. Attorney representation is not required.

Before moving out

Take dated photos and videos documenting the unit.
Send important communications in writing and keep copies.
Provide a forwarding address and request any deposit return clearly.

Legal aid and tenant support

Texas Justice Court Training Center — Small claims information
Texas Rio Grande Legal Aid — Legal help for eligible Texas renters
BASTA Austin — Tenant advocacy resources
Texas Tenants Union — Organizing and support statewide

FAQs

Can I be evicted for joining the tenants union or filing complaints?

Generally, no. Under Texas Property Code § 92.331, landlords are prohibited from retaliating against tenants for exercising certain legal rights.

Protected activities include:

Complaining to a government agency or utility
Requesting repairs
Organizing or joining a tenants union
Exercising rights under the lease or state law

Retaliation can include actions such as eviction filings, non-renewal, rent increases, fee increases, or threats.

If a landlord takes one of these actions within six months of a protected activity, the law may presume retaliation unless the landlord can show a legitimate, non-retaliatory reason.

If retaliation is proven, tenants may be entitled to remedies under the statute, which can include a civil penalty (one month's rent plus $500), actual damages, moving expenses in some cases, court costs, and attorney fees.

Does the building have to let me post flyers or notices about the union?

Not necessarily. In most cases, landlords can set reasonable rules about what can be posted in common areas, including bulletin boards, walls, or elevators.

However, if a property allows certain types of non-emergency notices (such as event notices or community reminders), applying those rules inconsistently may raise concerns about fair treatment of tenant communications.

In addition, City of Austin Ordinance 20221027-025 provides protections for tenant organizing activities. These protections generally include the ability to:

Speak with other tenants, including door-to-door
Distribute written materials directly to tenants
Form tenant associations
Hold tenant meetings at the property
Invite outside organizers to assist

The ordinance prohibits landlord interference with lawful tenant organizing activities.

Tenants who encounter restrictions or uncertainty around organizing may wish to document the situation and review their rights under local law.

Are repeated water shutoffs legal?

It depends on the circumstances. Under Texas law, landlords must generally maintain essential services, including water, and provide reasonable notice for planned interruptions.

However, Texas Property Code § 92.008 allows temporary interruptions of utilities for bona fide repairs, construction, or emergencies, and does not require landlords to give advance notice in those situations.

Whether a specific outage is lawful may depend on factors such as:

Whether the interruption was truly necessary for repairs or construction
How frequently outages occur
Whether reasonable steps were taken to minimize disruption

Tenants who experience ongoing or unclear utility interruptions can:

Document the dates, duration, and communication provided
Contact Austin Code Compliance
File a complaint with the Texas Attorney General

If a tenant believes a landlord has unlawfully interrupted utilities, Texas Property Code § 92.008 provides potential remedies, including statutory damages.

What is a certified demand letter and how do I send one?

A certified demand letter is a formal written notice sent by certified mail, which provides proof that it was delivered.

It is commonly used to:

Document a complaint or request in writing
Create a clear record of when notice was given
Support claims where written notice is required under Texas law

In some situations, sending written notice is a necessary step before certain legal remedies may be available. In others, it serves as strong documentation if a dispute arises.

To send one:

Clearly describe the issue and requested resolution
Include relevant dates and supporting details
Send the letter via certified mail (return receipt requested)
Keep copies of the letter and delivery confirmation for your records

Templates may be helpful for common situations such as repair requests, utility issues, or security deposit disputes.

Can I legally break my lease if conditions are bad enough?

In some situations, yes—but only if specific legal requirements are met.

Under Texas law, landlords are generally required to repair conditions that materially affect a tenant’s health or safety. If serious issues are not addressed after proper written notice, tenants may have certain remedies, which can include lease termination in limited circumstances.

In more severe cases, tenants may also raise a claim of “constructive eviction,” which typically requires that conditions are significant enough to effectively force the tenant to move out.

Whether lease termination is justified depends on factors such as:

The severity of the condition
Whether it affects health or safety
Whether proper notice was given
Whether the landlord had a reasonable opportunity to repair

Because these situations are fact-specific, tenants should carefully document all issues and communications before taking action.

Should I consider small claims court?

It may be an option, depending on your situation. In Texas, tenants can file claims in Justice Court (small claims court) without an attorney to seek monetary damages.

You might consider small claims court if:

You experienced repeated utility outages or service disruptions
You were denied a refund, credit, or promised services
You incurred out-of-pocket financial damages

Small claims court in Texas generally allows claims of up to $20,000. These cases are typically limited to recovering money, not requiring a landlord to take specific actions.

The strength of a claim often depends on documentation, including:

Dates and duration of issues
Written communications with management
Receipts or evidence of financial loss

Templates and general guidance may help with filing, but each situation is fact-specific.

What's the difference between management and ownership? Who should I contact?

At most apartment communities, there are multiple parties involved:

Onsite / Property Management: Handles day-to-day operations, leasing, maintenance coordination, and resident communication
Ownership: The legal owner of the property, typically responsible for overall compliance with applicable laws and major decisions
Registered Agent: A designated entity authorized to receive legal documents (such as service of process) on behalf of ownership

Tenants can generally choose to communicate with onsite management first, but may also contact ownership or escalate concerns if issues are not resolved.

Depending on the situation, different parties may be appropriate points of contact.

Property contact information (for reference):

Onsite Management: The Bowie, 311 Bowie St., Austin, TX 78703
Property Management: RPM Living, 5508 Parkcrest Dr., Suite 320, Austin, TX 78731
Ownership: Bowie Apartments, Inc., 5910 N. Central Expy., Suite 1200, Dallas, TX 75206
Registered Agent for Ownership: CT Corporation System, 1999 Bryan St., Suite 900, Dallas, TX 75201

What if management ignores my emails?

If you’re not receiving a response, it can help to follow up and escalate your communication in a clear, documented way:

Send a follow-up in writing (email or written notice), referencing your prior message and the date sent
Use certified mail for important issues, so you have proof the notice was delivered
Contact local agencies, such as Austin Code Compliance, if the issue involves maintenance, safety, or habitability concerns
Keep records of all communications, including dates, responses, and any lack of response

Keeping a clear paper trail can be helpful if issues remain unresolved.

What if I already accepted a one-time credit or lease break offer? Can I still pursue legal action?

It depends on the terms of what you agreed to. Some agreements include release language that may limit or waive certain claims, while others may be more limited in scope.

Key factors can include:

Whether you signed a written agreement or release
How broadly any claims were defined (for example, past vs. future issues)
Whether the underlying issue has continued or occurred again after the agreement

In many cases, agreements apply to conditions or damages that occurred before they were signed, and may not apply to new or ongoing issues.

Because these situations are highly fact-specific, reviewing the exact language of any agreement is important before taking further action.

Are landlords required to accommodate for construction-related disruptions?

It depends on the nature and extent of the disruption. Landlords are generally allowed to perform repairs and construction, but they are still responsible for maintaining conditions that materially affect health and safety.

If construction significantly limits access to essential areas or services—such as bathrooms, kitchens, bedrooms, water, or electricity—tenants may have certain rights depending on the circumstances.

Relevant factors can include:

The severity and duration of the disruption
Whether essential services are affected
Whether advance notice was provided
Whether reasonable steps were taken to minimize impact

In some cases, tenants may seek remedies under Texas law, which can include repair requests, rent-related claims, or other relief.

Because these situations are fact-specific, documenting the conditions and communication is important.