Landlord Repairs in Texas
Statute text last checked: October 24, 2026
This page summarizes Texas statutes for general information only. It is not legal advice, and FlagMyLease is not a law firm. Local ordinances and recent amendments may change what applies to you, so read the linked statute or talk to a licensed attorney or local legal aid office about your situation.
Texas Property Code Subchapter B requires a landlord to make a diligent effort to repair conditions that materially affect the physical health or safety of an ordinary tenant, once the tenant gives proper notice. The steps and remedies are specific, so the details matter.
The landlord's duty to repair (§92.052)
- The landlord must make a diligent effort to repair or remedy a condition if the tenant gives notice to the person or place where rent is normally paid, the tenant is not delinquent in rent when notice is given, and the condition materially affects the physical health or safety of an ordinary tenant (or involves the hot water device not supplying at least 120°F).
- Unless caused by normal wear and tear, there is no duty to repair a condition caused by the tenant, a lawful occupant, a family member, or a guest.
- Notice must be in writing only if the lease is in writing and requires written notice.
Notice and reasonable time (§92.056)
- Landlord liability generally requires a first notice and then a subsequent written notice after a reasonable time, unless the first notice was sent by certified, registered or another tracked mail service.
- There is a rebuttable presumption that seven days is a reasonable time to repair.
- The tenant must not be delinquent in rent when any required notice is given.
- If the landlord is liable, the tenant may terminate the lease, repair and deduct under §92.0561, or seek judicial remedies under §92.0563.
Repair and deduct (§92.0561)
- The deduction may not exceed one month's rent or $500, whichever is greater, and the same limit applies to total repairs and deductions in any one month.
- It is available only in listed situations, such as sewage backup or flooding inside the unit, total loss of water the landlord agreed to furnish, certain heating or cooling failures confirmed by a local official, or a condition a local official has notified the landlord about in writing.
- At least one notice must state the tenant intends to repair, with a reasonable description of the intended repair.
Court remedies and lease waivers (§§92.0563, 92.006)
- Judicial remedies include an order to repair, a rent reduction, a civil penalty of one month's rent plus $500, actual damages, and court costs and attorney's fees (other than for personal-injury damages).
- The repair duty may not be waived except as allowed by §92.006(d)–(f), which has specific conditions (for example, single-dwelling landlords and underlined or bold written terms).
- A landlord who knowingly contracts with a tenant to waive the repair duty in violation of §92.006 is liable for actual damages, one month's rent plus $2,000, and reasonable attorney's fees (§92.0563(b)).
Frequently asked questions
How long does a Texas landlord have to make repairs?
Tex. Prop. Code §92.056(d) creates a rebuttable presumption that seven days is a reasonable time to repair after the landlord receives notice. Factors like the severity of the condition and availability of materials and labor can rebut it.
Can I deduct repair costs from rent in Texas?
Only in the situations listed in Tex. Prop. Code §92.0561 and after the required notices. The deduction is capped at one month's rent or $500, whichever is greater.
Sources
- Tex. Prop. Code § 92.052 (official text)
- Tex. Prop. Code § 92.056 (official text)
- Tex. Prop. Code § 92.0561 (official text)
- Tex. Prop. Code § 92.0563 (official text)
- Tex. Prop. Code § 92.006 (official text)