Understanding Texas Landlord Repair Laws

Repair and maintenance issues are a common part of renting, but understanding who is responsible for what can make all the difference. In Texas, the Texas Property Code sets clear guidelines regarding landlord obligations and tenant rights when it comes to keeping rental properties safe and livable.

This article answers key questions like “What repairs are landlords responsible for?” and “How long does a landlord have to respond to a maintenance request?”

Whether you’re a landlord looking to meet your legal duties or a tenant seeking clarity on your rights, this guide provides practical insights and actionable advice to help you handle repairs effectively.

Key sections of the Texas Property Code

Understanding the specific sections of the Texas Property Code that govern repairs and maintenance can help both landlords and tenants uphold their rights and responsibilities. Here’s a breakdown of the key provisions.

Section 92.056 of the Texas Property Code

This section outlines a landlord’s duty to repair and maintain rental properties to ensure they are safe and habitable. It focuses on addressing conditions that materially affect the physical health or safety of tenants.

Key points include the following:

• Landlord’s duty to repair: Landlords must fix issues such as faulty wiring, plumbing problems, roof leaks, and other hazards that affect health or safety.

Tenant remedies if landlords fail to comply:

• Repair and deduct: Tenants may arrange for repairs themselves and deduct the cost from their rent if certain legal conditions are met.
• Lease termination: Tenants can terminate the lease and move out if landlords do not address repairs in a timely manner.
• Legal action: Tenants may file a lawsuit to seek damages, court costs, and attorney’s fees.

Section 92.052 of the Texas Property Code

Section 92.052 focuses on tenants’ rights to request repairs for conditions that make a rental unit uninhabitable.

Key points include the following:

• Tenant’s right to request repairs: Tenants are entitled to notify landlords of repair issues that compromise habitability, such as mold, pest infestations, or broken heating systems.
• Proper notice requirement: Tenants must submit repair requests in writing, using certified mail with return receipt requested to ensure proof of notice.
• Landlord’s obligations: Upon receiving proper notice, landlords must repair the issue within a reasonable time — typically seven days unless circumstances require more immediate attention.

Section 92.156 of the Texas Property Code

This section addresses security devices in rental properties to ensure tenants feel safe in their homes.

Key points include the following:

• Landlord requirements: Landlords must install and maintain certain security devices, including the following:
  • Keyed deadbolts on exterior doors.
  • Pin locks on sliding glass doors.
  • Window latches.
• Maintenance of security devices: Landlords are responsible for ensuring these devices remain functional throughout the lease term.
• Tenant rights: If landlords do not provide or maintain security devices, tenants can request immediate repairs or replacements, and landlords must comply promptly.

These sections of the Texas Property Code are central to maintaining habitable and secure rental units while providing a framework for resolving disputes between landlords and tenants.

Landlord Responsibilities for Repairs

Now that we’ve covered the key sections of the Texas Property Code, let’s take a closer look at what landlords are responsible for when it comes to repairs, the timelines to which they must adhere, and the conditions that make a property uninhabitable.

What repairs are landlords responsible for in Texas?

Landlords are required to ensure that rental properties meet basic standards of safety and habitability. This includes addressing issues that affect tenants’ health and safety, as outlined in the Texas Property Code.

Examples of required repairs include the following:

• Leaks: Roof or plumbing leaks that may lead to water damage or mold.
• Mold: Conditions that result in hazardous mold growth.
• Broken locks: Non-functional security devices, such as deadbolts or window latches.
• Heating or cooling systems: Failure to provide adequate heating during winter or cooling in extreme heat.
• Electrical hazards: Exposed wiring or faulty systems that could cause fires or shocks.

Landlords must also comply with local municipal ordinances that may impose additional repair requirements.

How long does a landlord have to fix something in Texas?

The timeframe for repairs depends on the severity of the issue and its impact on tenant health or safety. As we mentioned in the previous section, the Texas Property Code generally presumes that repairs should be completed within seven days of receiving proper notice. 

However, urgent issues like broken air conditioning in the summer or a gas leak may require immediate attention.

Key factors influencing repair timelines include the following:

• Severity of the issue: Conditions that pose a threat to tenant safety typically require faster action.
• Tenant notification: Timely and documented notification is essential for starting the repair process.
• Reasonable time: What constitutes a “reasonable time” can vary but is often defined by the urgency of the repair.

What constitutes uninhabitable living conditions in Texas?

Uninhabitable conditions are those that materially affect the physical health or safety of tenants. These situations breach the Texas Property Code and may give tenants grounds to seek remedies, such as repair-and-deduct or lease termination.

Examples include the following:

• Structural damage: Cracked walls, sagging ceilings, or failing foundations that compromise safety.
• Plumbing failures: Non-functional toilets or sinks, leading to unsanitary conditions.
• Pest infestations: Severe infestations of rodents, cockroaches, or other pests.
• Utility disruptions: Lack of access to hot water, electricity, or gas due to repair delays.

While cosmetic issues such as peeling paint or minor cracks may not qualify as uninhabitable, landlords must promptly address any condition that endangers the tenant’s physical health or safety.

By understanding these responsibilities and the repair timelines landlords must follow, property owners can comply with Texas law and provide tenants with a safe and livable home. Likewise, tenants can use this information to ensure their rights are upheld.

Requesting repairs as a tenant

When repairs are necessary, tenants in Texas must follow a specific process to ensure their requests are both documented and legally valid. Proper communication not only helps resolve issues promptly, it also protects tenant rights under the Texas Property Code.

How to file a repair request under Texas Law

The first step in addressing repair issues is notifying the landlord in writing. Texas law requires tenants to provide clear and formal notice of the problem, thereby ensuring the landlord has the opportunity to resolve it.

• Written request: Tenants should submit a detailed letter outlining the repair needed. This request must be sent via certified mail with return receipt requested, as this provides proof of delivery and establishes a record of the notice.
• Sample Letter Format:
  • Include the tenant’s name, address, and contact details.
  • Clearly describe the repair issue (e.g., “The air conditioning unit is not functioning, causing the temperature in the rental to exceed safe levels.”).
  • Specify the date of the letter and request a response within a reasonable time.
  • Retain a copy for personal records.

How long does a landlord have to respond to a maintenance request?

Under Texas law, landlords are generally required to address repair requests within a reasonable time. While the law doesn’t define an exact timeframe, a seven-day window is often considered standard for most issues, unless circumstances demand immediate attention.

• Urgent issues: Problems affecting health or safety, such as a gas leak or lack of heat during winter, may require same-day action.
• Non-urgent issues: Cosmetic concerns or minor inconveniences may take longer but still require timely communication from the landlord.

By following the proper procedure for repair requests, tenants can ensure their concerns are taken seriously while giving landlords the necessary time to address the issue. Clear communication and documentation are key to maintaining a smooth landlord-tenant relationship.

The Repair and Deduct Process

Under Texas Property Code 92.0561, tenants have the option to use the repair and deduct remedy for certain repair issues that materially affect their health or safety. However, this process is tightly regulated to ensure fairness for both tenants and landlords.

Tenants can only use this option after notifying the landlord in writing, typically via certified mail as mentioned above. Landlords are given a reasonable time — usually about seven days, unless the issue is urgent — to make the necessary repairs. If the issue remains unresolved, tenants may arrange for the repair themselves and deduct the cost from their next rent payment.

The repair must be done by a licensed professional, and the cost should not exceed one month’s rent or $500, whichever is greater. Tenants must also provide detailed receipts and documentation to the landlord to avoid disputes.

Examples of eligible repairs include the following:

• Fixing a broken AC during a heatwave.
• Resolving plumbing failures, like non-working toilets or significant leaks.
• Addressing electrical hazards that create safety risks.

This remedy is only for urgent, habitability-related issues and is not intended for cosmetic repairs or minor inconveniences. By following the correct steps, tenants can address critical problems while landlords retain their rights under Texas law.

Exceptions to landlord obligations

While landlords have a duty to maintain safe and habitable rental properties, there are limits to their responsibilities. Some repair issues fall outside a landlord’s obligations, particularly when they result from tenant actions or other specific conditions.

What repairs are tenants responsible for?

Tenants are often responsible for damages caused by neglect, misuse, or intentional acts. Take the following, for example:

• Failing to report a small issue, like a dripping faucet, that leads to more significant damage.
• Misusing appliances or fixtures, such as overloading a washing machine or forcing a door handle.
• Damages caused by pets or guests.

Routine maintenance tasks, such as replacing air filters or lightbulbs, may also fall under the tenant’s responsibilities if specified in the lease agreement.

Normal wear and tear vs. damage

Landlords are not responsible for repairs related to normal wear and tear, which refers to the gradual deterioration of a property through regular use. This includes the following:

• Faded paint on walls or scuff marks from furniture.
• Worn carpeting in high-traffic areas.
• Loose hinges or doorknobs.

By contrast, damages like large holes in walls, broken windows, or stains on carpets caused by tenant actions exceed normal wear and tear and may result in deductions from the security deposit.

When landlords are not obligated to make repairs

There are circumstances under which landlords may not be required to address repair requests:

• Unpaid rent: If rent is overdue, landlords can delay repairs until payment issues are resolved.
• Lack of proper notice: Repairs are only mandated when tenants follow the legal process for notifying the landlord, such as providing a written request via certified mail.
• Non-habitability issues: Repairs for purely cosmetic concerns or minor inconveniences, like chipped paint or loose cabinet handles, are not required under the Texas Property Code.

By understanding these exceptions, both landlords and tenants can ensure their actions align with legal requirements and the terms of the lease agreement. This helps foster a smoother and more cooperative rental experience.

Retaliation protections for tenants

When tenants request repairs or report habitability issues, they are protected from unfair treatment under Section 92.331 of the Texas Property Code. This ensures that landlords cannot penalize tenants for exercising their legal rights.

What constitutes landlord retaliation?

Retaliation includes any adverse action taken against a tenant as a response to the following:

• Filing a repair request or formal complaint.
• Reporting code violations to local authorities.
• Joining a tenant’s rights organization.

Common retaliatory actions include the following:

• Refusing to renew a lease without legitimate cause.
• Issuing an illegal eviction notice.
• Increasing rent unjustly after a complaint.
• Interrupting essential utilities or services.

Retaliatory actions are prohibited for six months following a tenant’s protected activity unless the landlord can demonstrate legitimate, unrelated reasons for their actions.

Security deposits and repairs

Repairs can influence how landlords handle a tenant’s security deposit, especially if damages exceed normal wear and tear. Under Texas law, landlords have the right to deduct costs for unpaid rent or repairs stemming from tenant-caused damage, but deductions must follow strict guidelines to ensure fairness.

Landlords are prohibited from using the deposit to cover normal wear and tear, such as faded paint or worn carpeting, which result from regular use of the property. However, damages caused by negligence or misuse — like holes in walls or broken windows — are eligible for deductions. To avoid disputes, landlords should provide an itemized list of deductions, including receipts for repair costs, when returning the remaining deposit.

Tenants can protect themselves by documenting the condition of the rental unit at move-in and move-out, using photographs or videos as evidence. Clear communication about the state of the property can help both landlords and tenants avoid unnecessary disagreements over repairs and deposit returns.

Proactive tips for landlords

Taking a proactive approach to repairs and maintenance is important for landlords to avoid disputes, comply with Texas laws, and maintain positive relationships with tenants. Here’s how landlords can stay ahead of potential issues.

Conduct regular inspections

Regular property inspections are key to identifying and addressing problems early. Small issues, such as minor leaks or loose fixtures, can escalate into significant problems if left unattended. By resolving these promptly, landlords not only maintain the property’s condition but also demonstrate their commitment to tenant well-being, which reduces the likelihood of disputes.

Understand and strengthen lease agreements

A well-drafted lease agreement is the foundation of a clear and cooperative landlord-tenant relationship. It should include detailed clauses specifying repair responsibilities for both parties. For example, consider the following:

• Tenants may handle routine maintenance tasks like replacing light bulbs.
• Landlords are responsible for structural repairs and issues affecting health or safety.

These provisions set expectations from the outset, which minimizes ambiguity and ensures smoother resolution of repair-related concerns.

Comply with habitability laws

The Texas Property Code mandates that rental properties remain safe and livable. Familiarity with sections such as Section 92.052, which addresses uninhabitable conditions, helps landlords understand their legal obligations. Practical steps to ensure compliance include the following:

• Regularly checking for health hazards like mold or faulty wiring.
• Ensuring essential systems such as plumbing and HVAC are functioning properly.
• Promptly repairing or replacing broken security devices, such as deadbolts or window locks.

Staying vigilant about these requirements not only safeguards tenants but also reduces the risk of legal challenges.

By conducting regular inspections, strengthening lease agreements, and adhering to habitability laws, landlords can effectively prevent repair disputes and maintain a smooth rental experience for all parties involved.

How Azibo supports landlords with maintenance and repairs

Managing repairs and maintenance efficiently is important for landlords to meet tenant needs and comply with Texas laws. Azibo provides a suite of tools designed to simplify these tasks. It offers an all-in-one platform to handle everything from maintenance requests to accounting. Here’s how Azibo can help.

1. Maintenance and messaging tools

Azibo’s platform includes a robust maintenance and messaging tool that streamlines communication between landlords and tenants. Tenants can submit repair requests directly through the system, complete with detailed descriptions and photos, which allows landlords to address issues quickly and efficiently.

Clear communication helps reduce misunderstandings and ensures proper documentation of repair requests.

Learn more about maintenance and messaging here.

2. Accounting for invoice management

Handling repair costs and invoices can be challenging, but Azibo simplifies this process with integrated accounting tools. Landlords can track repair expenses, manage invoices from vendors, and maintain organized financial records — all in one place.

This feature not only saves time but also ensures transparency and accuracy when dealing with repair-related expenses.

Learn more about Azibo real estate specific accounting here.

3. Latchel integration for on-demand maintenance

For landlords who need extra support, Azibo offers an integration with Latchel, an on-demand maintenance service. Through Latchel, landlords can connect with licensed professionals to handle repairs.

This integration provides a reliable solution for urgent repairs, helping landlords meet their obligations under Texas laws without the hassle of managing multiple service providers.

Learn more about maintenance on demand here.

4. Collaborative tools for maintenance staff

Azibo’s platform allows landlords to collaborate seamlessly with maintenance teams by adding multiple users to their account. Maintenance staff can access tenant requests, track ongoing projects, and upload updates, ensuring everyone stays on the same page.

This collaborative feature enhances efficiency and improves the overall management of maintenance tasks.

Learn more about Azibo Collaborate here.

Streamlining Texas landlord repairs

Understanding the repair and maintenance responsibilities outlined in the Texas Property Code is important for maintaining safe, habitable rental properties and fostering positive landlord-tenant relationships. Landlords must address issues that affect health or safety, while tenants are responsible for reporting problems promptly and adhering to lease agreements.

For tenants, protecting your rights means following proper procedures for repair requests, keeping detailed records, and understanding your remedies under the law. Landlords, on the other hand, can avoid disputes by conducting regular inspections, addressing repair requests quickly, and complying with habitability standards.

If disputes arise, consulting with a legal professional can provide clarity and help resolve conflicts fairly. Staying informed and proactive benefits everyone involved, which creates a better rental experience.

To further simplify property management and stay ahead of repair and maintenance challenges, consider using tools like Azibo. With its comprehensive features for maintenance, accounting, and collaboration, Azibo makes it easier than ever to stay organized and compliant. Sign up for free today, and streamline your property management process.