What to Do If Your Texas Landlord Won't Make Repairs

The AC went out three weeks ago. You've called, you've texted, you've left messages at the leasing office. Nothing. Maybe it's a broken water heater, a sewage backup, or a lock that doesn't work. Whatever the problem, your landlord won't fix it — and you're stuck living with it.

Here's what you need to know: Texas law gives tenants real leverage when a landlord refuses to make repairs that affect your health or safety, including the right to repair and deduct, terminate your lease, or sue for damages and penalties.

Your Landlord Has a Legal Duty to Repair

Under Texas Property Code § 92.052(a), a landlord must make a diligent effort to repair or remedy a condition if three requirements are met. First, you've notified the person to whom or the place where rent is normally paid about the condition. Second, you're not delinquent in paying rent at the time you give notice. Third, the condition either materially affects the physical health or safety of an ordinary tenant, or it involves the landlord's failure to maintain hot water at a minimum of 120 degrees Fahrenheit.

That phrase — "materially affects the physical health or safety of an ordinary tenant" — is the legal threshold. It covers broken heating and cooling systems, sewage problems, water leaks, pest infestations, faulty wiring, broken locks, mold issues, and similar conditions. It doesn't cover cosmetic problems or minor inconveniences.

One important exception under § 92.052(b): the landlord generally isn't required to repair conditions caused by the tenant, a lawful occupant, a family member, or a guest — unless the condition resulted from normal wear and tear.

The Notice Process You Must Follow

Texas law has a specific notice procedure that you must follow before your remedies kick in. Under § 92.056(b), you must give your landlord notice to repair, and the notice must go to the person or place where rent is normally paid.

After giving that initial notice, you need to allow a reasonable time for repair. Then, you must either send a second written notice, or your first notice must have been sent by certified mail, registered mail, or another trackable delivery method.

How long is "a reasonable time"? Under § 92.056(d), there's a rebuttable presumption that seven days is reasonable. That presumption can be overcome depending on the severity of the condition, when the landlord received notice, and the availability of materials and labor. But seven days is your starting benchmark.

Your notice doesn't have to be in writing unless your lease is written and specifically requires written notice, per § 92.052(d). That said, written notice — especially by certified mail or email with delivery confirmation — gives you a paper trail that protects you later.

Your Remedies When the Landlord Won't Act

Once you've followed the notice procedure and a reasonable time has passed without a diligent repair effort, Texas Property Code § 92.056(e) gives you four options.

You can terminate the lease. Under § 92.056(f), if you choose this route, you're entitled to a pro rata refund of rent from the date of termination or the date you move out (whichever is later), and you can deduct your security deposit from your final rent payment.

You can have the condition repaired yourself and deduct the cost from your rent under the repair-and-deduct remedy in § 92.0561. Your deduction can't exceed one month's rent or $500, whichever is greater, per repair cycle. The repair must be done by a licensed, independent contractor — not by you or your family members. And you must have stated in your notice that you intend to repair the condition.

You can pursue judicial remedies. Under § 92.0563(a), a court can order the landlord to make the repair, reduce your rent proportionally to the diminished rental value, award a civil penalty of one month's rent plus $500, award your actual damages, and grant court costs and attorney's fees.

You can also combine certain remedies — for example, repairing and deducting while pursuing a court claim for the civil penalty.

Special Rules for Emergencies

Some conditions are too urgent to wait seven days. Under § 92.0561(e), if there's a sewage backup or overflow inside your dwelling, or flooding from broken pipes, you can have the repair made immediately after giving your notice of intent to repair.

For a total cessation of potable water, the landlord gets three days after your notice before you can hire a contractor. The same three-day timeline applies to inadequate heating or cooling, if a local housing or health official has confirmed in writing that the condition materially affects health or safety.

Retaliation Is Prohibited

If you're worried that requesting repairs will lead to an eviction notice or a rent increase, Texas law has your back. Under § 92.331, a landlord may not retaliate against a tenant for exercising a right under the Property Code, giving a notice to repair, or complaining to a government entity about code violations.

Retaliation includes filing an eviction proceeding, depriving you of the use of the premises, decreasing services, increasing your rent, or terminating your lease within six months of your protected action. If the landlord retaliates, § 92.333 provides for a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees.

What You Should Do Right Now

Document everything. Take photos and videos of the condition. Save every text, email, and voicemail. If you haven't already, send a written repair request — preferably by certified mail or a trackable delivery method — that describes the condition and states your intent to pursue remedies under the Texas Property Code if it isn't addressed.

Keep paying rent. Your repair remedies depend on being current. Withholding rent without following the proper statutory procedure can backfire and cost you your legal protections.

If the condition is serious and your landlord isn't responding, a formal demand letter that lays out the statutory framework — the duty to repair, the notice you've given, the remedies available to you, and the penalties for noncompliance — sends a clear signal that you know your rights.

Our Repair/Habitability Demand service includes a full review of your situation, a professional demand letter citing the applicable Texas Property Code sections, and a clear roadmap of your next steps if the landlord doesn't act. Click here to learn more about how it works →