Find out what your landlord is required to fix and how quickly in Texas
Learn how to communicate effectively with your landlord about necessary repairs and explore legal options if your requests are neglected.
Imagine returning home to your apartment after a long day of work only to find water dripping from your ceiling onto your carpet or discovering that your central air has broken on the hottest day of the year.
When something goes wrong in a rental unit, tenants may feel like they’re at the mercy of their landlords. But in reality, tenants have a lot of leverage regarding essential repairs.
This article aims to equip you with the knowledge you need to feel empowered and to take the necessary steps if your landlord refuses to make repairs within a reasonable amount of time.
What does my landlord have to repair?
Landlords in Texas have certain responsibilities under the Texas Property Code to maintain rental units in a “habitable” condition.
In short, this means that landlords must repair any condition that materially affects a tenant’s health or safety.
What items materially affect a tenant’s health or safety? Some examples include sewage backups, rat infestations, a lack of hot water, roof leaks, and faulty wiring. If a problem violates a provision of your city’s building, health, or fire code, then it affects a tenant’s health or safety.
Importantly, there are a few requirements that must be satisfied before the landlord is required to make a repair:
- The tenant must be up-to-date on their rent,
- The tenant must have notified the landlord of the problem,
- The problem must not have been caused by the tenant or one of their guests.
How do I notify my landlord that repairs need to be made?
Under Texas law, the tenant must give the landlord property notice. The notice must:
- Be in writing, and
- Sent via certified mail with return receipt requested or by registered mail to the person to whom or to the place where the tenant’s rent is normally paid.
Not sure what to put in your letter?
Use the sample letters below. If you use the sample letters, attach copies of Texas Property Code Section 92.056 to the letters. Also, be sure to keep copies of all notices you deliver, along with any other written communications between you and your landlord (including text messages).
[Sender’s name]
[Sender’s address]
[Date written]
[Landlord’s name]
[Landlord’s address]
RE: NOTICE REQUESTING REPAIRS
Dear [Landlord’s name],
This is to notify you that the rental unit at [rental unit address] that you manage and I occupy needs repairs for the following defects:
[list all defects that need repair]
The Texas Property Code requires you to make the necessary repairs within a reasonable amount of time.
A list of landlord responsibilities required by the Act is attached. If the repairs are not completed within a reasonable amount of time, I intend to use the legal remedies provided in the Act.
Sincerely,
_________________________
(Tenant’s signature)
[Sender’s name]
[Sender’s address]
[Date written]
[Landlord’s name]
[Landlord’s address]
RE: SECOND NOTICE REQUESTING REPAIRS
Dear [Landlord’s name],
This is to notify you that the rental unit at [rental unit address] that you manage and I occupy needs repairs for the following defects:
[list all defects that need repair]
The repairs described above were originally requested in a letter that you received on [date the first letter was received]. You have not made the requested repairs.
A list of landlord responsibilities required by the Act is attached. If the repairs are not completed immediately, I intend to use the legal remedies provided in the Act.
Sincerely,
_________________________
(Tenant’s signature)
In Texas, the law prohibits landlords from retaliating against tenants who have legitimately complained about needed repairs, for six months following the complaint, according to sections Texas Property Code Sections 92.331 to 92.335. However, tenants can still be evicted for reasons such as not paying rent on time, compromising the landlord’s safety, or deliberately causing damage to the property.
How long does my landlord have to make repairs in Texas?
A landlord can’t be expected to make a repair immediately. On the other hand, it would be unfair to the tenant if the landlord were permitted to make a repair whenever they got around to it.
The Texas Property Code requires that landlords make repairs within “a reasonable time.”
It is generally assumed that seven days is a fair amount of time for action. To challenge this assumption, it’s important to think about the seriousness of the issue and how easily materials, workers, and other necessary services can be obtained.
What do I do if my landlord doesn’t make the requested repairs?
Unfortunately, even when informed of the law, landlords don’t always do what they’re supposed to do. If your landlord refuses to act, it will be up to you to take legal action.
Generally speaking, you have three options when your landlord fails to make a necessary repair within the allotted time period:
- Terminate the lease: You can terminate your lease and move out if your landlord doesn’t make the required repairs within the allotted period of time. You need to provide your landlord with a letter notifying them that you’re moving out due to their failure to fix the problem.
- File a lawsuit. You can sue the landlord in justice, county, or district court for any remedy provided under the Texas Property Code. If you choose to sue, the court may order the landlord to repair the condition, reduce your rent from the date of your first written request, direct the landlord to pay you a statutory amount, or award you the amount of your actual damages, court costs, and attorney’s fees.
- Repair and deduct: You can repair the problem yourself pursuant to Texas Property Code Section 92.0561, but only if you provide the landlord with proper notification that you intend to repair the problem due to the landlord’s failure to do so. Importantly, the tenant’s deduction for the cost of the repair or remedy may not exceed the amount of one month’s rent or $500, whichever is greater.
Although you don’t need a lawyer to sue your landlord, it can certainly be helpful, especially if your landlord is represented by an attorney. If you choose to represent yourself, the Texas Rules of Civil Procedure 509.1 through 509.9 set forth the rules for justice court repair lawsuits.
Still have questions? These resources may help:
- Texas guide to landlord-tenant laws
- Tenant and landlord duties in Texas
- Understanding Texas security deposits
- Tenant rights and mold exposure in Texas
- Texas rental FAQs: A landlord-tenant guide
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