Texas tenant repair rights

The landlord's duty

The landlord must make a diligent effort to repair any condition that materially affects the physical health or safety of an ordinary tenant, after notice, if you are current on rent. Not for damage caused by you, your household or guests (other than normal wear and tear). The landlord must also provide smoke alarms and required security devices (deadbolts, window latches). Tex. Prop. Code §§ 92.052, 92.056.

How to ask for repairs

Give notice to the person or place where you pay rent. Then, after a reasonable time, send a second written notice, or send the first notice by certified mail or another tracked mail service. Seven days is presumed a reasonable time. You must not be behind on rent when you send any notice.

Repair and deduct

Allowed in limited cases, up to the greater of one month's rent or $500 per month. You must be current on rent, give the required notices (at least one saying you intend to repair), and the problem must be sewage backup or flooding inside, total loss of water, inadequate heat or cooling certified by a local official, or another health/safety condition certified by a local official. Then: sewage/flooding can be fixed right away; water, heat or cooling after 3 days; other conditions after 7 days. An independent company, contractor or repair person must do the work (licensed if your city requires it), not you, your family or your employer, unless the landlord agrees otherwise; no work on the foundation or load-bearing parts of a building with 2 or more units. Give the landlord a copy of the bill and receipt with the rest of your rent. Tex. Prop. Code § 92.0561 (amended by HB 2037, effective September 1, 2025).

Withholding rent

Withholding rent is not allowed and you must be current on rent to use repair remedies. Instead, a justice court can order repairs (up to $20,000), reduce your rent, and award a civil penalty of one month's rent plus $500, damages and attorney fees. Tex. Prop. Code § 92.0563.

Law

Tex. Prop. Code §§ 92.052, 92.056, 92.0561, 92.0563

No statute. Texas law does not set a notice period for landlord entry; your lease controls.

For 6 months after you exercise a legal right, give a repair notice, complain in good faith to a code agency, utility or nonprofit, or join a tenant group, the landlord may not file an eviction (except for listed reasons such as unpaid rent), cut services, raise rent, end your lease, or harass you. Remedies include one month's rent plus $500, damages, moving costs and attorney fees. Tex. Prop. Code §§ 92.331-92.333.