TEMPLE, Texas — A number of tenants at the Barrington Suites in Temple have gotten eviction notices telling them to vacate their homes due to not paying rent.
The problem is, the tenants say they were told by management verbally to withhold rent until they were done with renovations after May's tornado.
"I have my rent, but management told me not to pay it," Barrington Suites tenant Melissa Bass explained. "I can use that same rent money for a down payment somewhere else."
After 6 News' original story on the Barrington Suites aired July 8, the apartment manager issued out a letter addressing rumors that tenants needed to withhold rent. Here's what it says:
To all,
We are continuing to work with our insurance company and the City of Temple to start repairs on the property.
We cannot begin repairs until we receive guidance from the insurance company and the City of Temple. Hopefully, we will begin repairs within the next 30 days. We do NOT anticipate requiring everyone to move out of the Barrington to begin repairs.
There are several rumors going around that the Barrington will not be rebuilt. This is FALSE.
Several people who live at the Barrington have been spreading the rumor that the Barrington is not accepting rent. This is also FALSE.
Per the terms of your lease and/or residency at the Barrington RENT is still due. If you have a delinquent balance, please pay that balance immediately. If you do not pay your balance, we will proceed with the eviction process.
For Bass, this letter was attached to a three-day eviction notice for her to vacate her home for non-payment of rent.
However, Bass claims she was one of the many tenants who were told by apartment management to withhold rent until they were solidified with renovation plans.
6 News legal expert Liz Mitchell shared how being told verbally to withhold rent is not enough to protect a tenant from being evicted.
"If you receive something written from the owners of the property, then I would take that as good accord to not pay your rent," Mitchell explained. "Otherwise, you are required to pay your rent in a timely manner."
Mitchell added that there are some stipulations that can sometimes legally justify a renter not paying their rent.
"When there are weather events and your apartment individually has not been damaged to the extent that it is uninhabitable, you must continue to pay your rent," Mitchell explained. "If you feel it's uninhabitable, there are steps under the law in which you have to take before you stop paying your rent."
Texas Attorney General Ken Paxton has a breakdown of renters' rights here.
Under Health and Safety, Paxton says renters have a right to demand that the landlord repair any condition that materially affects their physical health or safety. § 92.052.
Justices of the Peace have authority to order landlords to repair or remedy conditions affecting a tenant's physical health or safety, as long as the cost of the repair does not exceed $10,000. Tenants can go to justice court without an attorney to obtain a repair order. § 92.0563.
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