Tenant Repair Rights in Texas
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Texas law requires a landlord to repair a specific kind of problem, and only after the tenant gives notice while current on rent. Subchapter B of chapter 92 of the Texas Property Code sets out which conditions qualify, how notice has to be given before the landlord becomes liable, and a ladder of remedies that runs from ending the lease to a court order. A separate subchapter protects tenants who use those rights from retaliation.
Which conditions trigger the repair duty
Section 92.052(a) says a landlord "shall make a diligent effort to repair or remedy a condition" when all three of these are true:
- the tenant specifies the condition in a notice to the person to whom, or the place where, rent is normally paid;
- the tenant "is not delinquent in the payment of rent at the time notice is given"; and
- the condition "materially affects the physical health or safety of an ordinary tenant," or arises from the landlord's failure to keep a hot water device working at "a minimum temperature of 120 degrees Fahrenheit."
Section 92.052(b) removes the duty for a condition caused by the tenant, a lawful occupant, a family member, or a guest or invitee, unless the condition was caused by normal wear and tear.
Giving notice the way the statute counts it
The first notice can be oral in some cases. Under section 92.052(d), it "must be in writing only if the tenant's lease is in writing and requires written notice." Liability for the remedies is another matter. Section 92.056(b) makes the landlord liable only when all of these are met:
- the tenant gave notice to the person or place where rent is normally paid;
- the condition materially affects physical health or safety;
- the tenant either gave a subsequent written notice after a reasonable time, or sent the first notice by certified mail (return receipt requested), registered mail, or another mail service that tracks delivery, whether postal or private;
- the landlord had a reasonable time to repair after receiving the notice or notices;
- the landlord did not make a diligent effort to repair; and
- the tenant was not delinquent in rent when any required notice was given.
Section 92.056(d) sets "a rebuttable presumption that seven days is a reasonable time." The date the landlord received notice, the severity and nature of the condition, and the availability of materials, labor and utilities are weighed to rebut it. A notice counts as received when the landlord or its agent or employee actually receives it, or when a postal delivery attempt has been made (section 92.056(c)).
The tenant can also ask why a repair is taking so long. If the landlord gets a written demand for an explanation and does not answer in writing "on or before the fifth day," section 92.053(b) shifts to the landlord the burden of proving diligence and that a reasonable time had not passed.
The remedies ladder
Once the landlord is liable under section 92.056(b), subsection (e) lists what the tenant may do: terminate the lease, have the condition repaired and deduct the cost from rent under section 92.0561, or obtain judicial remedies under section 92.0563. Section 92.056(g) requires every lease to describe these remedies "in underlined or bold print."
Ending the lease
A tenant who terminates under section 92.056(f) is entitled to a pro rata rent refund from the termination date or the move-out date, whichever is later. The tenant may also deduct the security deposit from rent without a lawsuit, or get it refunded as the law provides. Choosing termination rules out repair-and-deduct and the court-ordered repair and rent-reduction remedies.
Repair and deduct
Section 92.0561(b) caps the deduction at "one month's rent under the lease or $500, whichever is greater." Subsection (c) applies the same ceiling to all repairs and deductions in any one month. For a tenant whose rent is subsidized by a government agency, one month's rent means the fair market rent for the dwelling.
This remedy is limited to listed situations, and at least one of the tenant's notices must state the intent to repair and reasonably describe the work (section 92.0561(d)). The waiting period depends on the situation:
| Situation in section 92.0561(d)(3) | When the tenant may have it repaired, under subsection (e) |
|---|---|
| Raw sewage backup or overflow, or flooding from broken pipes or natural drainage, inside the dwelling | Immediately after the notice of intent to repair |
| Total loss of potable water the landlord agreed to furnish | If not fixed within three days after the notice of intent |
| Inadequate heat or cooled air from equipment the landlord agreed in the lease to furnish, where a local housing, building or health official has notified the landlord in writing that the lack of heat or cooling materially affects the health or safety of an ordinary tenant | If not fixed within three days after the notice of intent |
| Any other condition a local official has notified the landlord in writing affects health or safety | If not fixed within seven days after the notice of intent |
As published, subsection (e)(2) points to Paragraph (A) for the loss of water, though the potable water situation is listed in Paragraph (d)(3)(B).
Under section 92.0561(f), the work must be done by an independent company, contractor or repairman, licensed if the city requires it. Unless the landlord agrees, the tenant, the tenant's immediate family, employer or employees, or a company the tenant partly owns may not do it. No repairs may be made to the foundation or load-bearing parts of a building with two or more units. When deducting, the tenant gives the landlord a copy of the repair bill and the receipt along with the rest of the rent (subsection (j)).
A landlord can pause this remedy with a sworn affidavit for delay under section 92.0562, delivered before the tenant contracts for the repairs. It may delay tenant repairs for 15 days when parts are delayed through no fault of the landlord, or 30 days after a natural disaster causes a general shortage of labor or materials. Total delay is capped at six months.
Going to court
Section 92.0563(a) lists the judicial remedies: an order directing the landlord to repair; a rent reduction from the date of the first repair notice, in proportion to the reduced rental value; "a civil penalty of one month's rent plus $500"; actual damages; and court costs and attorney's fees, except fees for a personal-injury damages claim. A landlord that knowingly gets a tenant to waive the repair duty unlawfully faces actual damages, "a civil penalty of one month's rent plus $2,000," and attorney's fees (subsection (b)).
Justice, county and district courts share jurisdiction. In a justice court, section 92.0563(d) sets the hearing "not earlier than the sixth day after the date of service of citation and not later than the 10th day after that date." A justice court judgment, including a repair order, may not exceed "$20,000, excluding interest and costs of court" (subsection (e)). Rule 509.6(a) words its cap differently: the total judgment may not exceed $20,000, "excluding interest and court costs but including attorney's fees." Rule 509 governs these repair and remedy cases. Rule 509.3(b) separately sets the appearance date on the citation, which is the trial date, at 10 to 21 days after filing, so the two texts measure the timing differently. Under Rule 509.8(a), either party may appeal within 21 days after the judgment is signed.
Limits on the tenant's side
Under section 92.058(a), if a landlord has notified the tenant in writing that a rent withholding or proposed repair is illegal and of the penalties, and the tenant goes ahead in bad faith, the landlord may recover "one month's rent plus $500."
Protection against retaliation
Section 92.331(a) bars a landlord from retaliating because a tenant, in good faith, used a right under the lease or the law, gave a repair notice, complained to a building or housing code agency, a public utility, or a civic or nonprofit agency about a code violation or utility problem the tenant believes in good faith is valid, or took part in a tenant organization. For "six months after the date of the tenant's action," subsection (b) bars the landlord from filing an eviction (except on the grounds in section 92.332), depriving the tenant of the premises, decreasing services, raising rent or ending the lease, or a bad-faith course of conduct that materially interferes with the tenant's lease rights.
Section 92.332 lists actions that are not retaliation, including an eviction when the tenant is delinquent in rent at the time of the notice to vacate or the filing, and rent increases under a written escalation clause for utilities, taxes or insurance, unless the action violates a prior court order under section 92.0563. A tenant who proves retaliation may recover, under section 92.333, "a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees," less any delinquent rent owed. If the landlord does file to evict, section 92.335 lets the tenant raise retaliation as a defense, as the eviction guide explains.
Putting repair requests in writing
The demand letter guide explains how a written demand is structured, and the security deposit guide covers what happens to the deposit after a tenancy ends. More tenant, consumer and worker topics are on the rights hub, and the full set of North Texas guides from DRS North Texas starts on the homepage.