When it comes to rental housing in Texas, one of the biggest points of confusion is who is responsible for repairs, when repairs must be made, and what tenants can do if landlords don’t follow through. The Texas Property Code provides a detailed framework for these situations, but both landlords and tenants often miss key details that can change the outcome of a dispute.
Understanding these rules isn’t just about avoiding court; it’s about maintaining safe, habitable housing and building trust between landlords and tenants.
The “Reasonable Time” Rule
One common misunderstanding is about how long landlords have to make repairs. The law says landlords must make a diligent effort to repair conditions that materially affect a tenant’s health or safety within a “reasonable time.” However, that clock doesn’t always start right away.
If the repair is related to an insured casualty loss (such as fire, flood, explosion, hail, or smoke) the repair period doesn’t begin until the landlord receives the insurance proceeds. This can create a delay that tenants don’t expect, but it’s built into the Texas Property Code.
Tenant Requirements Before Remedies Apply
Tenants only gain certain legal remedies if they meet their own obligations first. Specifically:
- They must give the landlord proper written notice of the condition that needs repair.
- They cannot be delinquent in rent at the time the notice is given.
- The condition must materially affect the health or safety of an ordinary tenant.
If those boxes are checked, the landlord has a duty to act.
Landlord Obligations
Once notice is properly given, landlords must make a diligent effort to address the issue. What counts as “reasonable” depends on the severity of the problem and the circumstances — for example, a broken A/C in the middle of August would demand quicker action than a cracked tile.
Failing to respond in a timely and diligent way can expose the landlord to significant remedies.
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Tenant Remedies If Landlord Fails
If a landlord doesn’t meet their obligations, Texas law provides tenants with a range of options, some of which don’t require going to court:
Lease termination: The tenant can end the lease and move out, provided the condition materially affects health and safety. Cosmetic or minor issues like a squeaky door or chipped paint don’t qualify.
Repair-and-deduct: The tenant can fix the condition themselves and deduct the cost from a future rent payment, provided it follows the strict rules in Section 92.0561 and 92.0562 of the Property Code.
Judicial remedies: A tenant can take the landlord to court to seek an order requiring repairs, a rent reduction until repairs are made, or even a civil penalty of one month’s rent plus $500.
Manufactured Home Tenancies
Special rules apply to manufactured home communities. In those cases, the remedies are similar but can only be ordered by a district or county court. Tenants in manufactured home parks may also pursue civil penalties and court orders, but the process is more formalized.
Why Documentation Matters
For both landlords and tenants, documentation is critical. Landlords should keep detailed records of notices received, actions taken, contractor schedules, and insurance claims. Tenants should provide written notices and keep copies, along with photos or other evidence of the condition.
Clear records often make the difference between a smooth resolution and a prolonged dispute.
Texas law strikes a balance between landlord and tenant responsibilities. Landlords aren’t expected to fix every inconvenience, but they are required to address health and safety conditions within a reasonable timeframe. Tenants, on the other hand, must follow the proper steps to trigger their remedies.
The best approach? Stay proactive, keep communication open, and don’t let small problems snowball into big ones. And when in doubt, professional property management can help ensure compliance on both sides, keeping rentals safe, habitable, and hassle-free.
Do you have questions about where to start with your Houston income property? Contact us by emailing Info@AreaTexas.com or call us at 713.972.1222.
