Texas Landlord Law Guide
Texas repair law is narrower than many owners assume, but it is precise. Once a tenant gives proper notice, the clock starts, and the Property Code spells out what happens if you miss it.
A Texas landlord must make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant after the tenant gives notice and is current on rent (§92.052). Seven days is presumed reasonable (§92.056). Separately, you must rekey exterior locks within seven days after each turnover and keep required security devices and smoke alarms working.
Under §92.052, the duty to repair applies when all three of these are true:
Common examples include roof leaks, sewage backups, electrical hazards, broken exterior locks, and failures of heating or cooling that make a unit unsafe. Cosmetic issues, such as worn carpet or an old appliance that still works, usually do not trigger the statutory duty, though your lease may promise more.
A landlord who owns only one rental dwelling can shift some repair duties to the tenant under §92.006(e), but the conditions are strict and must be in the lease in specific form. Most owners should not rely on it without legal review.
The first notice only has to be in writing if the lease is written and requires written notice (§92.052(d)). Before a landlord becomes liable for failing to repair, though, the tenant generally must either send a second written notice after a reasonable time, or send the first notice by certified mail, registered mail or another trackable mail service (§92.056(b)).
Notice counts as received when you or your agent actually get it, or when the postal service attempts delivery. In practice, treat any written maintenance request, including a portal request, as starting the clock.
A water heater replacement during a supply shortage may reasonably take longer. A sewage backup may need action far sooner. If parts are delayed, §92.0562 lets a landlord file a sworn affidavit that delays a tenant’s repair-and-deduct remedy by 15 days, or 30 days after a declared disaster, up to six months in total.
If a landlord misses the deadline after proper notice, §92.056(e) lets the tenant end the lease, have the condition repaired and deduct the cost from rent, or sue. Repair-and-deduct has strict limits:
| Condition | When the tenant may repair |
|---|---|
| Sewage backup or flooding from a broken pipe or drain inside the unit | Immediately after notice of intent to repair |
| Total loss of landlord-furnished drinking water | After three days |
| Inadequate heating or cooling, with a written notice from a local housing or health official | After three days |
| Any other condition a local official certifies in writing as materially affecting health or safety | After seven days |
The deduction in any month cannot exceed the greater of one month’s rent or $500 (§92.0561). Since September 1, 2025, repairs must be made by an independent contractor who is licensed where the city requires it, not by the tenant or a family member. Repairs cannot touch the foundation or load-bearing structure in a building with two or more units, and the tenant must give you a copy of the bill.
Texas law does not give tenants a general right to withhold rent for repairs. A tenant who withholds rent can also lose the right to demand repairs, since the duty only applies to tenants who are current.
Your lease must also describe the tenant’s repair remedies in bold or underlined print (§92.056(g)). A knowing, illegal waiver of repair duties can cost one month’s rent plus $2,000.
Texas requires these security devices at the landlord’s expense, without a tenant request (§92.153):
A keyed deadbolt is not always required, a common misconception. A tenant may request one at their own expense.
When a tenant requests repair of a security device, seven days is presumed reasonable, but it drops to 72 hours after a break-in or violent crime at the property (§92.161). Tenants can repair and deduct, terminate, or seek a civil penalty of one month’s rent plus $500 if you do not comply.
If you fail to act within seven days of the tenant’s written notice, the tenant can seek a court order, damages, and one month’s rent plus $100 (§92.260). Houston fire and building codes can add requirements, so check local code for multifamily properties.
This is the core of Atlas property maintenance and make-ready services for Houston rentals. For how repairs fit with late fees, notices and evictions, see the Texas landlord-tenant law hub.
This guide is general information for Texas landlords, not legal advice. Laws change and every lease is different, so talk to a Texas real estate attorney about your situation.
Our property managers keep Houston rentals compliant, from leases and notices to repairs and evictions.
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Texas has no AC-specific deadline. If a lack of cooling materially affects health or safety, the general seven-day presumption applies after proper notice. If a local housing or health official gives written notice of inadequate cooling, the tenant may repair and deduct after three days.
Yes. Exterior door security devices must be rekeyed at the landlord’s expense no later than seven days after each tenant turnover under §92.156.
No general rent-withholding right exists. The statutory remedies are repair-and-deduct in specific situations, ending the lease, or going to court, and the landlord’s repair duty only applies to tenants who are current on rent.
The landlord must provide working alarms at move-in. After that, the landlord does not have to replace batteries if the alarm worked when the tenant moved in, but must repair a malfunctioning alarm after the tenant reports it.
Only in narrow cases. Most repair duties cannot be waived. A landlord who owns a single rental dwelling can shift some repairs under strict conditions in §92.006(e), and tenants can be charged for damage they cause.
Leases, notices, repairs and evictions handled by a Houston property management team.
