When The Landlord Will Not Fix It
Prop. Code 92.056 — notice, a reasonable time, and a paid up rent
A Texas landlord has to make a diligent effort to repair or remedy a condition that materially affects the physical health or safety of an ordinary tenant, or that comes from failing to keep a water heater supplying water of at least 120 degrees Fahrenheit, once the tenant specifies the condition in a notice to the person or place where rent is normally paid, and so long as the tenant is not behind on rent when the notice is given.
- The notice has to be in writing only if the lease is written and requires it.
- The duty does not reach a condition caused by the tenant, a lawful occupant, a family member, or a guest, unless it came from normal wear and tear.
- The landlord is not required to furnish security guards.
Two notices, or one sent by a trackable mail, before the remedies open. The landlord becomes liable to the tenant only after the first notice, followed either by a second written notice after a reasonable time, or by sending that first notice by certified mail with return receipt, registered mail, or another trackable mail or delivery service. The landlord then has to have had a reasonable time and not made a diligent effort, and the tenant must not have been delinquent in rent when any notice was given. There is a rebuttable presumption that seven days is a reasonable time.
| Once the landlord is liable, the tenant may | Where the code sets it |
|---|---|
| Once the landlord is liable, the tenant mayEnd the lease, with a pro rata refund of rent and the deposit applied or refunded | Where the code sets it92.056 |
| Once the landlord is liable, the tenant mayHave the condition repaired and deduct the cost from rent, within the limits of the repair and deduct section | Where the code sets it92.0561 |
| Once the landlord is liable, the tenant mayGo to court for an order to repair, a rent reduction, a civil penalty of one month's rent plus $500, actual damages, and costs and fees | Where the code sets it92.0563 |
Repair and deduct has its own conditions. One of the notices has to say that the tenant intends to repair and describe the repair. The deduction in any month may not exceed one month's rent or $500, whichever is greater, and the work has to be done by an independent contractor, licensed where the city requires it, with a copy of the bill and receipt given to the landlord along with the rest of the rent. The waiting periods run from immediately after the notice for sewage backing up or flooding inside the home; to three days for a total loss of water the landlord agreed to furnish, or for inadequate heat or cooled air from equipment the landlord agreed to furnish, once a local housing, building or health official has notified the landlord in writing that it materially affects health or safety; to seven days for any other condition such an official has notified the landlord about in writing.
Retaliation is barred for six months after a repair request. For six months after a tenant in good faith gives a notice to repair, uses a remedy under the chapter, complains to a building or housing code authority, a public utility or a civic or nonprofit agency, or takes part in a tenant organization, the landlord may not retaliate by filing an eviction (except on the grounds the code allows), cutting services, raising the rent, ending the lease, or depriving the tenant of the premises. A landlord who does is liable for a civil penalty of one month's rent plus $500, actual damages, court costs and reasonable attorney's fees, less any rent owed.
A justice court hearing a repair suit holds the hearing between the sixth and the 10th day after service of the citation and may not award more than $20,000, excluding interest and costs. A written lease has to tell the tenant about these remedies in underlined or bold print. The landlord's repair duty can be shifted to the tenant only in the narrow cases the waiver section sets out.
Sources for this section (7)
- Prop. Code 92.052 — Landlord's duty to repair or remedy
- Prop. Code 92.056 — Landlord liability and tenant remedies; notice and time for repair
- Prop. Code 92.0561 — Tenant's repair and deduct remedies
- Prop. Code 92.0563 — Tenant's judicial remedies
- Prop. Code 92.331 — Retaliation by landlord
- Prop. Code 92.333 — Tenant remedies for retaliation
- Prop. Code 92.006 — Duties and remedies that may not be waived
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.