In Texas, a landlord must repair a problem that "materially affects the physical health or safety of an ordinary tenant." This law is in Section 92.052 of the Texas Property Code. It might cover problems like:

• a roach, mice, or rat infestation
• plumbing leaks
• mold
• problems with the electrical wiring

The tenant must meet certain requirements before the landlord’s "duty to repair" kicks in:

• the tenant must be current on rent
• the tenant must give proper notice to the landlord about the problem
• the problem must not have been caused by the tenant, their family, or guest (unless it was normal wear and tear)

How do I ask for repairs?

Section 92.056 of the Texas Property Code sets out a specific procedure for requesting repairs:

1. Tell the landlord. The tenant must tell the landlord about the condition by notifying the person or place where they normally pay rent. Check the lease for any other requirements.
2. Wait for them to make repairs. The landlord has a "reasonable" amount of time to make the repairs. This is usually defined as 7 days. The landlord may have more time if the problem is severe or there is a shortage of labor or materials.
3. If the problem remains, send another notice in writing. If the tenant has waited the "reasonable" time and the problem persists, they must send another notice in writing. Note: If the tenant sent the initial notice via certified mail, they don’t need to send a second notice.
4. Wait a second "reasonable" period for the landlord to make repairs. If the landlord still hasn’t addressed the problem, the tenant may be able to take further action.

I’ve followed these steps, but my landlord still hasn’t fixed anything. What can I do?

The tenant’s next steps are covered in Section 92.056. If a tenant has followed the required steps and the landlord hasn’t tried to fix the issue, the tenant has a few options:

• File a lawsuit against the landlord. The court can potentially order the landlord to take certain actions listed in Section 92.0563, which may include:
  • fixing the problem
  • paying damages to the tenant
  • reducing the tenant's rent from between the time when they first asked for repairs to when the problem was fixed.
• Have the problem repaired and deduct the cost of repairs from the rent. This option can be complicated and has very specific requirements. See Section 92.0561 for more details.
• End the lease and move out. This option can also be risky. It’s possible the landlord may try to claim that the tenant does not have the right to terminate and is still liable under the lease. See Section 92.056(f) for more details.

All these remedies can be complex and must follow specific procedures. The landlord may be able to sue you if you withhold rent, make unauthorized repairs, or deduct the cost of repairs without following the proper procedures. This law is in Section 92.058 of the Texas Property Code.

You may wish to talk to an attorney before taking any action. For more information on finding an attorney, please see the library's Legal Help page.

For more information on the landlord’s duty to repair, see the Repairs page of the library’s Landlord/Tenant Law guide.

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