When disaster strikes a rental, confusion follows. Smoke stains the ceiling. Water pools on the floor. Mold climbs a wall after a slow leak that no one noticed in time. Tenants ask what to do first, what to photograph, who pays for a hotel, how to push for repairs without risking a lease, and when to call the city. This guide speaks to that moment. You will learn how to document loss, protect health, request repairs in a way that preserves your rights, use your renters insurance Additional Living Expenses benefit, secure temporary housing, and involve code enforcement or a court if needed. The steps below reflect Texas resources and local Austin contacts, with practical help from our field crews who respond at all hours.
First day actions
Start with safety. Leave the unit if there is active fire, smoke, gas odor, major flooding, or a ceiling that looks ready to collapse. Seek medical care for smoke inhalation or any injury. If first responders or building management say the unit is unsafe, do not reenter until they clear you.
Call your landlord or property manager right away to report what happened. A quick phone call can shorten the wait for emergency work like board up, water extraction, or shutting down power to a wet panel. Follow the call with a short written notice by email, text, or portal message that includes the date and time, what you observed, and photos if you have them. Formal certified notice can wait a few hours until you can sit down to prepare it, but start a paper trail now.
If the property is unsecured or exposed to weather, request emergency board up. Fire scenes often need plywood over windows or doors. Busted pipes leave openings that intruders can exploit. If you need a 24 hour restoration team to stabilize the scene, contact us through our Best Option Restoration of Travis County line. Our crews handle emergency site protection for tenants and property managers across Austin.
If water is running or standing, do not walk through unknown depths with power on. Ask maintenance to shut water at the unit valve or building main. If you cannot reach anyone, call an emergency vendor for extraction, then notify the landlord in writing that you took reasonable steps to limit damage.
Document damage
Your camera is your strongest ally. Take clear photos and short video clips from multiple angles. Start wide, then move close. Include ceilings, walls, floors, baseboards, outlets, returns, air handlers, duct registers, cabinets, closets, windows, doors, and any exterior breach. Document smoke stains, soot deposits, char, puddles, buckled flooring, swollen cabinets, wet drywall, and any mold growth. Capture appliances, electronics, and furniture with brand labels and serial numbers when visible. Photograph food loss inside a powered down refrigerator if safe to open it.
Create a simple inventory for damaged personal property. Item name, brand and model, approximate age, what you paid if you know it, and a current estimated value. Collect receipts or bank statements if you can. Many insurers accept online order histories as proof for common items like clothes or housewares. Photographs of items in the unit before the loss help. Screenshots from social media or move in photos can fill gaps.
Do not throw away damaged items until your adjuster approves or you have photographed them in detail. If debris must be removed for safety, save a sample and a photograph, plus a short note describing the rest. Keep charred pieces of cabinetry, carpet pads, or drywall with mold growth if practical. Label boxes so you can match them to your photo log later.
If contents are salvageable, ask about professional cleaning and deodorizing. Our content restoration team documents each item, moves it to a secure facility, cleans with industry methods, and returns it after structure repairs. This process can support your insurance claim and preserve sentimental or high value items that simple wiping cannot fix.
Tell your landlord
Texas law requires written notice before tenant remedies kick in. Call first so repairs move faster, then send a formal, dated repair request. Certified mail with return receipt creates strong proof of delivery. Email with a read receipt or portal submission with a timestamp can also help. State what happened, why it affects health or safety, and what you want repaired. Keep language calm and factual. Attach a few key photos. Avoid speculation about cause unless you are certain.
The Texas Attorney General explains that a tenant who gives proper written notice to repair may be entitled to have repairs done and deduct the cost from rent, terminate the lease, or obtain judicial remedies. Review the Attorney General renter guide for details on timing and proof of delivery at texasattorneygeneral.gov.
Some events fall under the casualty loss section of the Property Code. If the damage came from an insured event such as fire, smoke, hail, or explosion, state law allows the landlord a reasonable period to repair that typically starts when insurance proceeds arrive. In severe cases, either party may have a right to end the lease if the unit cannot be used. Read Texas Property Code section 92.054 for the specifics at texas.public.law.
Renters insurance and ALE
Call your renters insurance carrier as soon as you can. Ask about personal property coverage, your deductible, and whether your policy pays Replacement Cost or Actual Cash Value. Replacement pays what it takes to purchase a new item of like kind. Actual Cash Value pays after depreciation for age and condition. The Insurance Information Institute explains these terms in plain language for renters at iii.org.
You also need to ask about Additional Living Expenses. The Texas Department of Insurance explains that ALE pays reasonable additional living costs such as hotel stays, a temporary rental, and meals while your rental is uninhabitable. Save all receipts. Review the TDI tips at tdi.texas.gov. Ask your adjuster to confirm your ALE limit in dollars and in months. Confirm whether they pay directly to a hotel or property, or reimburse you after you submit receipts. Some carriers offer cash advances while others reimburse on proof.
Track the difference between your normal monthly spending and the extra cost you face because of the loss. If you normally spend a set amount on groceries, yet must eat out for a week because your kitchen is closed, keep those meal receipts and note that your grocery spend dropped. If your unit will take more than a few days to repair, ask about extended stay options that include a small kitchen. That can stretch your ALE dollars and reduce meal receipts.
Temporary housing choices
Short term needs vary by family. A few nights in a hotel may work for minor smoke cleaning. Major water damage with demo work needs a longer solution. Ask your adjuster about extended stay hotels, corporate apartments, or a short term lease. Some adjusters have vendor portals for discounted rates. Others ask you to choose within a reasonable range for your market. Keep location in mind for work and school. Consider pet policies. Confirm parking access if you need to visit your unit for inspections.
Gather key receipts and documents so you can submit them in batches. Hotels will itemize room, taxes, and any parking fee. Temporary landlords will give a lease or license agreement. For meals, a simple photo of each receipt works. Add a short note in your phone after each purchase. For example, write Dinner for family while unit is uninhabitable or Laundry since smoke odor remains. That note helps your adjuster approve each line without follow up questions.
Think through secondary costs that your policy may allow. Laundry when machines are not usable. Pet boarding if a hotel will not accept pets. Storage for items removed during repairs. Fuel or mileage for longer commutes during displacement. Ask your adjuster about each category. The TDI page above gives a clear overview of what ALE can include and how to document it.
Repairs and rent abatement
After notice, the landlord must address conditions that affect health or safety within a reasonable time. That standard depends on the severity, parts availability, insurance processing for casualty loss, and city permitting for larger projects. Your written record will matter. Keep copies of every message. Note dates for access visits. Ask for a written schedule for larger repairs.
When damage makes the unit wholly or partly unusable, talk to the landlord about rent abatement during the affected period. Some leases speak to this. Texas Property Code treats casualty loss differently from routine repairs. If an insured casualty caused the loss, the period to repair usually starts when insurance payments arrive. If repairs will take too long or the unit cannot be restored, the statute gives both parties options to end the lease. Read the text of section 92.054 to see the choices and limits. Link again for ease of reference texas.public.law.
If the issue stems from uncontested health or safety items such as inoperable heat in winter or a collapsed ceiling, follow the Attorney General guidance on formal notice and remedies. The AG site lists the steps for repair requests, reasonable timelines, and when a tenant may use repair and deduct. Read the guidance at texasattorneygeneral.gov.
If the landlord will not act
If messages go unanswered or repairs stall, you have several pathways. First, request a city inspection. In Austin, call 311 or use the online complaint form through Austin Code Compliance. The city can inspect and require the landlord to address code violations that affect health or safety. Find the process at austintexas.gov. Keep a copy of your complaint confirmation and the inspection report. City notices often move a repair forward faster.
Second, prepare a justice court case if needed. Texas Property Code section 92.0563 allows a tenant to seek orders to repair, rent reduction, civil penalties within the court caps, and attorney fees if the statute requirements are met. Justice courts move faster than higher courts and have a monetary cap, which section 92.0563 explains in detail. Read the statute at texas.public.law. Proper written notice, proof of delivery, and clear documentation of the condition give you a better chance in court.
Third, contact tenant legal aid. Texas RioGrande Legal Aid and the Austin Tenants Council offer counseling, forms, and representation in some cases. They can review your notices and help you weigh repair and deduct against other options. Reach them at trla.org.
Health risks after fire or water
Smoke contains fine particles and residues that cling to surfaces. Soot can be oily. Wiping without the right method can set a stain. Odor treatment takes more than scented sprays. Thermal fogging or ozone treatment by trained teams neutralizes odor particles after the source material has been removed. Charred framing or insulation usually needs removal. For textiles and soft goods, content cleaning uses specific detergents and controlled drying.
Water brings its own risks. Clean water from a supply line can turn into bacterial growth if not extracted within a short time. Category two water from an appliance or drain line can contain contaminants. Category three water such as sewage requires protective equipment and controlled removal. Fast extraction and drying with proper air movement and dehumidification reduces mold growth. Our water damage restoration teams assess, extract, dry, clean, and repair. We also share a Policyholder Rights sheet on that page that helps you understand your options when dealing with insurance and vendors.
Mold calls for caution. Small surface spots on non porous materials can often be cleaned. Larger areas, porous materials such as drywall or carpet pads, or any mold after a water loss that lasted more than a day need professional evaluation. Do not sand or aggressively scrub mold. That can spread spores and worsen symptoms. People with asthma, allergies, or compromised immune systems should avoid exposure. If you need guidance from a local team, contact our office through our emergency response line.
Working with contractors
Restoration companies stabilize the property then bring it back to pre loss condition. Typical tasks include emergency board up, moisture extraction, soot cleaning, structural repairs, odor removal, and content restoration. Ask for a line item estimate that shows each task, material, and unit cost. That format aligns with how adjusters review claims and reduces back and forth. Our fire damage restoration page details the sequence our teams follow from inspection through odor removal and rebuild.
Tenants often ask if they must use the landlord contractor or an insurer preferred vendor. Tenants have a right to use their own contractor for personal property and cleaning that they arrange, subject to lease limits and access rules. Many policyholder rights guides caution tenants to understand vendor relationships and to read work authorizations carefully. You can review our Policyholder Rights sheet on our water page at boraustin.com. If a landlord directs structure work, ask for a schedule and scope in writing so you can plan around access and noise.
Keep communication professional. Confirm site visits by text or email. Ask workers to photograph progress and hidden conditions such as wall cavities after demo. That documentation supports your claim and protects you if disputes arise later.
Local help and resources
Some events qualify for federal help when an emergency is declared. FEMA can offer temporary housing aid or other support in larger disasters. For renters, local help often starts closer to home. Use these resources for Austin and Texas.
Austin Code Compliance for complaints and inspection requests. Call 311 or use the online system.
Austin Tenants Council and TRLA for counseling, repair rights, and legal aid.
Texas Attorney General renter rights for repair notice and remedies.
Texas Department of Insurance on ALE for what receipts to save and how ALE works.
Insurance Information Institute for renters insurance basics.
For mental health after a loss, our articles page points to coping guides and community contacts. Stress builds during repairs. Small self care steps help you get through the wait.
Tenant checklist
Save people first. Call 911 for an active fire or a threat to safety. Seek medical care for any injury or breathing issue. If the unit is unsafe, stay out until cleared by officials or the landlord.
Start a photo and video log. Walk the space from entry to the far corner in each room. Shoot the ceiling, walls, and floors. Then focus on points of damage. Add a quick audio note or caption for context. Move valuables that are dry and clean to a safe spot if you can do so without risk. Do not touch soot covered surfaces with bare hands. Do not disturb large mold areas.
Notify the landlord. Call, then send a short message with date, time, what happened, and a few photos. Prepare a certified letter within a day for formal notice. Keep a copy of everything. If the landlord sends vendors, request the repair plan in writing with access times.
Call your renters insurance. Report the loss. Ask for your claim number, your adjuster contact, your deductible, your coverage type for personal property, and your ALE limit. Ask if they can arrange or advance funds for a hotel or whether you will be reimbursed after you submit receipts.
Track additional living costs. Hotel, temporary rent, meals, laundry, pet boarding, storage, temporary furniture, transportation. Save every receipt. Note why each expense is additional rather than normal. Photograph your unit to show why you had to leave. Keep copies of all messages with your adjuster.
Request repairs or rent abatement in writing. If damage affects health or safety, reference your rights under the Property Code and the Attorney General guidance. If the event is an insured casualty such as fire or smoke, review section 92.054 and discuss realistic repair timelines. If the unit is unusable, discuss lease termination options.
If the landlord does not act, file a code complaint with Austin Code and request an inspection. Consider a justice court action under section 92.0563 for repair orders or rent reduction if the statute requirements are met. Reach out to Austin Tenants Council or Texas RioGrande Legal Aid for advice.
Work with restoration professionals. Ask for a line item estimate, progress photos, and a clear cleaning plan for contents. Our team can secure the site, remove water, clean soot, neutralize odors, and handle content cleaning through our content restoration service. For immediate help use our emergency response page or call 737 210 5140.
Templates you can copy
Certified repair notice
[Date]
[Landlord name and address]
Re: Written Notice to Repair for [rental address, unit]Dear [Landlord name],
On [date and time], [brief description of event such as fire in kitchen, pipe burst in ceiling, or mold discovered in bedroom closet]. This condition affects my health or safety and makes the unit [describe whether partially or wholly uninhabitable]. Please arrange repairs as soon as possible. I intend to use my rights under Texas Property Code Chapter 92 if repairs do not start within a reasonable time after you receive this notice.
Please confirm receipt and share your repair schedule in writing.
Sincerely,
[Your name]
[Phone]
[Current mailing address]Send by certified mail with return receipt. Keep a copy of this letter and the postal receipt.
ALE documentation checklist
Insurance claim number and adjuster contact info.
Daily log of additional costs with short notes that explain the extra cost versus your normal spend.
Original receipts for hotel, temporary rental, meals, pet boarding, laundry, storage, moving, temporary furniture, and transportation related to displacement.
Photos of the unit and notices from the landlord showing why you could not stay.
Copies of all messages with your landlord, your insurer, and the city inspection office.
Common ALE examples and what to save
| Expense | What to document |
|---|---|
| Hotel or short term rental | Itemized invoice, dates of stay, payment proof |
| Meals | Receipts with date and time, note that kitchen was unusable |
| Laundry | Receipts, note if in unit machines were down or clothes were smoke affected |
| Pet boarding | Invoices, note if hotel would not accept pets or unit had hazards |
| Storage or moving | Contracts and receipts, list of contents removed |
| Transportation | Mileage log or fuel receipts, note change in commute due to displacement |
The Texas Department of Insurance page on Additional Living Expenses gives clear guidance on limits and documentation. Review it at tdi.texas.gov. The Insurance Information Institute offers renter specific tips at iii.org.
What restoration teams do
After a fire, teams secure the property, evaluate structural damage, remove debris, clean soot with the right chemistry, remove charred materials that cannot be cleaned, and treat odor with advanced methods. Then they repair structure and finishes. Our fire damage restoration page details each stage from inspection to final walk through.
After a leak or flood, crews stop the water, extract pooling, open cavities where needed, and set drying equipment to lower moisture to safe levels. They clean and apply antimicrobial solutions as needed, then repair drywall, baseboards, flooring, and cabinets. Our water damage restoration page explains our step by step process and includes a Policyholder Rights sheet. Tenants who understand how estimates are built can track progress with more confidence and can coordinate with adjusters more easily.
For contents, trained technicians itemize, pack, transport, clean, deodorize, and store your belongings. They return items after structure work completes. See our content restoration service for details on methods and insurance coordination.
Key Texas legal points
Texas Attorney General rental material covers repairs affecting health or safety, notice rules, and tenant options such as repair and deduct, lease termination, and court remedies. Start with their renter rights page at texasattorneygeneral.gov. Follow the instructions for certified notice to qualify for remedies later if needed.
Texas Property Code section 92.054 addresses casualty loss. If damage resulted from a covered event such as fire or smoke, the landlord repair period typically begins when insurance proceeds arrive. The statute describes when either party may end a lease if the unit cannot be used. Read the statute text at texas.public.law.
Texas Property Code section 92.0563 outlines tenant court remedies. A tenant may ask a justice court for orders to repair, rent reduction, penalties within statutory caps, and attorney fees, provided the notice and other requirements are met. Read the statute at texas.public.law. Keep your records in order to support any filing.
This guide offers general information. It is not legal advice. For legal advice, contact a licensed attorney or reach out to Texas RioGrande Legal Aid and Austin Tenants Council.
FAQs
Does renters insurance pay for a hotel after a fire
Often yes. Additional Living Expenses usually covers reasonable extra costs such as hotel stays, a short term rental, and meals while the unit is not livable. Payment depends on your policy limit and time cap. Save every receipt and track your normal spend versus extra costs. Read TDI guidance at tdi.texas.gov.
What if my landlord says they will wait for insurance
Texas Property Code section 92.054 allows a landlord to wait for insurance proceeds after an insured casualty such as fire or smoke. If the unit cannot be used or repairs will take too long, both parties may have lease termination rights. Review the statute and ask for a clear timeline in writing. Link at texas.public.law.
Can my landlord force me to use their vendor
Tenants can choose their own contractor for personal property work they arrange. Landlords often manage structure repairs under the lease. Ask for the scope and schedule in writing. If your insurer offers preferred vendors, you may still request your own and provide a line item estimate for review. Read our Policyholder Rights sheet on our water damage restoration page.
How do I request rent abatement
Put your request in writing with photos and inspection notes. Reference casualty loss rules if the event qualifies as an insured casualty. Ask for a written response that shows the plan for repair dates. Consider mediation with the help of tenant groups if you and the landlord disagree on usability of the unit.
Can I use repair and deduct for mold
Repair and deduct requires proper notice and conditions that affect health or safety. Mold can qualify when it stems from leaks or water intrusion that the landlord controls. Use certified mail for notice. Follow Attorney General guidance for timing and cost limits. Consider a city inspection to support your claim. Austin Code Compliance contact is at austintexas.gov.
Call for help right now
If you need emergency board up after a fire, water extraction after a burst pipe, or a team to handle soot cleanup and odor removal, we are ready to help. Reach Best Option Restoration of Travis County at 737 210 5140 or visit our contact page. Learn how we handle fire damage restoration, see what content restoration looks like for smoke affected belongings, and review policyholder rights on our water damage restoration page.
Tenants recover faster with strong documentation, early contact with their insurer for Additional Living Expenses, clear written requests to the landlord, and timely support from restoration professionals. Use the templates above to start your paper trail today. Call 737 210 5140 if you need a site secured or a claim documented for your adjuster. We respond at all hours across Austin and nearby communities.