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About BTU The Record Take Action Tenant Resources Contact Us Join
image BOWIE TENANTS UNION
About BTU The Record Take Action Tenant Resources Contact Us
Join

  • Know Your Rights. Take Action. Stay Informed.

    Whether you're filing a complaint, preparing to move out, or considering legal options, these resources are here to help.

    • Legal Rights Under Texas Law

      Tenants are entitled to livable conditions under Chapter 92 of the Texas Property Code.

      Landlord retaliation for organizing, requesting repairs, or filing complaints is illegal . You are protected when submitting notices, repair requests, and formal complaints — even if you are the only one speaking up.

    • Demand Letters and Written Notices

      You have the right to send certified letters documenting issues and requesting resolution. Templates coming soon, including:
      - Utility interruption complaint (e.g., repeated water shutoffs)
      - Lease violation notification (e.g., improper billing for terminated utilities or services)
      - Move-out and security deposit refund request
      - Lease break or termination for constructive eviction or other habitability violations

      Certified Mail with Return Receipt is recommended. Keep copies and delivery receipts.

    • Small Claims Court

      If management or ownership fails to remedy ongoing issues, you may consider filing in small claims court.  You may sue for violations of the lease, unlawful utility interruptions, financial losses, or security deposit withholding — up to $20,000.

      The correct court to file in is Travis County Justice of the Peace Precinct 5, which allows for e-filing at  https://efiletx.tylertech.cloud/OfsEfsp/ui/landing . It costs $139 to file and serve a small claims lawsuit ($54 filing fee, plus an $85 service fee), but these costs are recoverable in court. 

      You do not need a lawyer to file in small claims court.

      Resources/templates coming soon, including:
      - Petition templates
      - E-filing instructions

    • Moving Out Safely and Strategically

      - Take photo and video documentation of the unit before and after moving.
      - Submit all communication in writing (email or certified mail).
      - Include your forwarding address and refund request in your final notice.

    • Legal Aid and Tenant Support

      - Texas Justice Court Training Center — Information on filing small claims cases
      - Texas Rio Grande Legal Aid (TRLA) — Free legal help for qualified renters in Texas
      - BASTA Austin — Additional legal resources
      - Texas Tenants Union — Organizing and legal support resources statewide

    FAQs

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

    No. Texas law protects tenants from retaliation for organizing or exercising legal rights. Under Texas Property Code § 92.331, it is illegal for landlords to retaliate against tenants for:
    - Complaining to a government agency or utility
    - Requesting repairs
    - Organizing or joining a tenants union
    - Exercising rights under the lease or state law

    Retaliation includes threats, non-renewal, eviction filings, or fee increases. If it happens within 6 months of a protected action, the law assumes retaliation unless the landlord proves otherwise.

    If a landlord illegally retaliates against a tenant, the tenant can sue for one month's rent plus $500, in addition to actual damages, moving expenses if forced out, court costs, and attorney fees.

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

    If management posts other non-emergency notices (e.g., event notices, parking reminders, magazines, etc.), selective removal of tenant union flyers could be seen as viewpoint discrimination or retaliation. While there's no absolute right to post materials in common areas, treating union content differently raises legal questions — especially if it's peaceful and factual.

    Are repeated water shutoffs legal?

    Not in the way they've been handled at The Bowie. Texas law requires landlords to maintain essential utilities and provide reasonable notice for planned interruptions. Repeated, poorly communicated outages — especially when framed as "emergencies" to bypass notice — may violate:
    - Habitability standards
    - Utility service obligations
    - Quiet enjoyment provisions

    You can document and report these to Austin Code and the Texas Attorney General. Additionally, if a tenant believes a landlord has shut off essential utilities unlawfully, Texas Property Code § 92.008 allows tenants to sue in small claims court to recover one month's rent plus $1,000, in addition to actual damages, court costs, and attorney fees.

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

    A certified demand letter is a formal notice mailed with proof of delivery. It:
    - Documents your complaint or request
    - Starts the legal clock for potential remedies
    - Protects you from claims that "you never reported it"

    Templates will be posted soon for issues like utility outages, constructive eviction, and security deposit disputes.

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

    If the unit becomes uninhabitable (due to water outages, unsafe repairs, or persistent issues), and management fails to correct the problems after notice, you may have grounds for constructive eviction or early termination under Texas law. Always document the issues thoroughly and send written notice first.

    Should I consider small claims court?

    Yes — especially if:
    - You experienced repeated utility outages or disruptions
    - You were denied a refund, credit, or basic service
    - You incurred financial damages

    Small claims court allows you to file without an attorney. You can seek up to $20,000 in Texas. Templates will be posted soon for small claims court petitions/complaints.

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

    Management (RPM Living) handles daily operations, leasing, and resident communication.
    Ownership (Bowie Apartments, Inc.) is the legal property owner and ultimately responsible.
    Ownership's registered agent (CT Corporation System) handles process of service for lawsuits.

    You are within your rights to contact both ownership and management. Some complaints may go unresolved at the management level — especially if they're occurred repeatedly. Ownership is responsible for ensuring the property complies with state and local laws.

    - 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?

    Follow up in writing and escalate:
    1. Send a certified letter
    2. Report the issue to Austin Code and/or other relevant agencies
    3. Document the delay or silence as part of any legal action

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

    Maybe. It depends on the wording of what you signed or agreed to. If you did not waive your rights in writing, or the issue is ongoing, you may still have a case — especially for damages that occurred after any settlement.

    Is The Bowie required to accommodate for construction-related disruptions?

    Only to a degree. If construction limits access to bathrooms, kitchens, bedrooms, or essential services (water, electricity, elevators, etc.), the landlord may be in breach of the warranty of habitability or quiet enjoyment. You may be eligible for rent abatement, alternate housing, or other remedies — especially if no notice or accommodation was provided.