Texas Habitability & Repair Rights
At a glance
What landlords must maintain in Texas
Weatherproofing; plumbing; hot/cold water; heating and cooling (AC if originally installed); electrical; smoke detectors; security devices (door locks, window latches).
How to request repairs in Texas
- 1Document the problem. Take dated photos or video of the issue. Note when it started.
- 2Send written notice. Email or certified mail with a clear description of the problem and the date. Keep a copy. State that you expect repairs within 7 days per Texas law.
- 3Wait the required period. Give the landlord 7 days to respond and begin repairs.
- 4If no action, choose a remedy. Repair-and-deduct (up to Lesser of $500 or 1 month's rent per repair (twice per lease year)), terminate the lease, or sue for damages and rent abatement.
Texas law details
Texas has one of the most detailed statutory habitability regimes. Tex. Prop. Code §§ 92.052–92.061 cover conditions materially affecting health or safety. Tenant gives 7 days' written notice (certified mail or in person); landlord has 7 days to repair (or a reasonable time if parts are unavailable). If uncured, tenant may repair-and-deduct (capped at $500 or 1 month's rent, twice per lease year) under § 92.0563, or terminate (§ 92.056). Rent withholding is not authorized. Separate provisions (§§ 92.151–92.170) require landlords to provide and maintain smoke detectors and security devices. Retaliation prohibited (§ 92.057).
Cite: Tex. Prop. Code §§ 92.052, 92.054, 92.056, 92.0563, 92.057
Common questions about habitability in Texas
What conditions make an apartment uninhabitable in Texas?
In Texas, the following conditions may make a unit legally uninhabitable: Weatherproofing; plumbing; hot/cold water; heating and cooling (AC if originally installed); electrical; smoke detectors; security devices (door locks, window latches). If your landlord fails to maintain these conditions, you may have legal remedies.
How do I request repairs from my landlord in Texas?
Always submit repair requests in writing — email or certified letter — so you have a dated record. In Texas, landlords have 7 days to make repairs after receiving written notice. Keep copies of all communications and take photos documenting the problem and its date.
Can I repair my Texas apartment myself and deduct it from rent?
Yes — Texas allows repair-and-deduct. After giving 7 days' written notice and waiting for the landlord to act, you may hire a contractor and deduct the cost from rent. The cap is: Lesser of $500 or 1 month's rent per repair (twice per lease year). Get itemized receipts and keep a copy of your notice to the landlord.
Can I withhold rent in Texas if my landlord won't fix problems?
Texas does not have a clear statutory rent-withholding procedure. Simply stopping rent payment without court authorization puts you at risk of eviction for non-payment. Your options are to terminate the lease for constructive eviction or sue for damages and rent reduction.
Can my Texas landlord retaliate against me for complaining about repairs?
No. Texas statute prohibits landlord retaliation for habitability complaints, repair requests, or contacting housing authorities. If your landlord raises rent, reduces services, or starts eviction proceedings shortly after you made a habitability complaint, you may have a retaliation defense. Document everything and consult a local tenant's rights organization.