Trash piling up at your apartment? Here's what Texas law says you can do

Most renters don’t think twice about taking out the trash. But what happens when it stops getting picked up altogether?

That’s the situation one North Texas renter recently shared on Reddit after claiming garbage had been piling up at their apartment complex.

“The last time they came to pick up trash was two weeks ago,” the poster wrote. “In 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?”

Here’s what Texas law says.

What are my rights if trash piles up at my Texas apartment?

Under Texas law, you have the right to a safe and habitable place to live.

If a problem at your apartment affects your health or safety, the Texas Property Code requires the landlord to address it.

But K’Lisha Rutledge, 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.

“In Texas, there’s 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,” she said. “Tenants can always make a request to the landlord to fix the issue. They can say, ‘Hey, the trash is piling up, and I’m noticing rats and bugs as a result of the trash.’”

To use the repair and remedy process under Texas law, Rutledge said tenants must be current on rent.

“Pay rent on time and in full, then make the repair request,” she said. “I 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.”

What if my landlord ignores me?

Once the landlord is notified, Texas law says they must address the problem within a “reasonable amount of time.”

“A reasonable amount of time is normally seven days,” Rutledge said.

If the landlord still doesn’t address the problem after that, Rutledge said tenants can file a complaint with the city.

“A 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,” she said.

For example, Fort Worth city code 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.

Rutledge also said reporting the issue to the city’s code compliance department is often the fastest way to get results.

“Code compliance will send someone out to investigate and if they think that the landlord has done something they’re not supposed to, they’ll fine them, and sometimes they’ll fine them daily,” she said. “For example, some will say, ‘Every day you don’t have the trash picked up we’re going to fine you $500 because you haven’t done what you’re supposed to do and until you make the repair, we’re going to keep fining you.’ So I think that’s the quickest way to see a difference.”

Can I sue my landlord over overflowing trash?

Yes. If the landlord still doesn’t address the problem, Rutledge said tenants can file a repair and remedy lawsuit in justice court.

“The lawsuit basically says I’m current on my rent and asked you to make repairs, the repairs affect my health and safety, but you didn’t make them, so I’m suing to force you to make the repairs and I also want you to pay me any damages that are a result of it,” Rutledge said.

Texas law also protects tenants from retaliation if you report unsafe conditions or assert your rights.

“There’s 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, ‘They’re just filing this eviction because they’re retaliating against me,’ and then it will be up to the landlord to overcome that presumption,” Rutledge said. “The landlord should not retaliate against you, but It does happen, so the tenant will need to keep proof. That’s why we always tell people to keep a copy If you’re sending a repair request and make sure there’s a date on it.”