Texas · Repairs and Unsafe Conditions

Landlord Won't Make Repairs in Texas: What Can I Do?

This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in Texas.

Texas law makes your landlord fix problems that threaten your health or safety. It also sets strict steps you must follow before you can act. This page covers those steps, code inspections, and repair and deduct (fixing it yourself and taking the cost off rent). It also covers court and what Texas does not allow.

What your landlord has to fix

  1. In Texas, your landlord must make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant. Examples: sewage backups, roaches, rats, no hot water, faulty wiring, roof leaks. Hot water must reach at least 120 degrees Fahrenheit. Not every broken item is covered.

    Sources:
    1. Tex. Prop. Code § 92.052(a), Texas Legislature. Law.
    2. Requesting Repairs, Texas State Law Library. A government guide.
    3. Remedies for Failure to Repair, Texas State Law Library. A government guide.

  2. The landlord does not have to fix damage caused by you, your family, or your guests. Normal wear and tear (normal use over time, like worn carpet or faded paint) is still the landlord's job though. Your lease cannot make you give up this right.

    Source:
    1. Health and Safety, Office of the Texas Attorney General. A government guide.

Ask in writing

  1. To request repairs, tell your landlord about the problem. Give the notice to the person or place where you normally pay rent. It does not have to be in writing unless a written lease says so. It is still a good idea to write it down, date it, and keep a copy. Take pictures of the problem. You can send the notice by certified mail with return receipt, registered mail, or any mail or delivery service with tracking. Texts and emails you save are a record too.

    Sources:
    1. Our editorial rules.
    2. How does a tenant request a repair?, Texas State Law Library. A government guide.
    3. Tex. Prop. Code § 92.056(b)(3), Texas Legislature. Law.
    4. How do I ask my landlord for repairs?, Texas RioGrande Legal Aid (TexasLawHelp.org). A nonprofit group.

  2. Step 2: Give the landlord a reasonable time to fix the requested issue. The law treats 7 days as reasonable unless the landlord shows otherwise. The clock starts when the landlord receives your notice. A court can find a shorter or longer time based on how serious the problem is and whether parts and workers are available. If the damage came from an insured fire, hail, or similar loss, the clock does not start until the landlord gets the insurance money.

    Sources:
    1. If You Have Problems, Office of the Texas Attorney General. A government guide.
    2. Tex. Prop. Code § 92.056(d), Texas Legislature. Law.
    3. What is a Reasonable Time for the Landlord to Make Repairs?, Texas Justice Court Training Center. A government guide.

  3. Step 3: If you did not use tracked mail for Step 1, send a second written notice after the reasonable time passes. Then give the landlord more reasonable time. Only after that is the landlord liable, and only then can you use the options below. Skipping a step can cost you the case.

    Sources:
    1. If You Have Problems, Office of the Texas Attorney General. A government guide.
    2. How does a tenant request a repair?, Texas State Law Library. A government guide.
    3. Tex. Prop. Code § 92.056(b)(3), Texas Legislature. Law.

Get your home inspected

  1. Ask your city for a code inspection. Call your city or county's code enforcement or building inspection office. The inspector checks the home and sends the owner a written notice of violations. Ask for a copy of that report. That written notice from an official is what unlocks repair and deduct (take the cost of a fix out of your rent) for most problems. One caution from legal aid: for very bad conditions, an inspector can condemn the home and make everyone leave.

    Sources:
    1. Our editorial rules.
    2. What kinds of repairs is my landlord required to make?, Texas RioGrande Legal Aid (TexasLawHelp.org). A nonprofit group.
    3. Tex. Prop. Code § 92.0561(d)(3)(D), Texas Legislature. Law.
    4. Report a code violation, City of Austin. A government guide.
    5. Repairs: The Tenant's Right and the Landlord's Duty, Austin Tenants Council (via TexasLawHelp.org). A nonprofit group.

If it is still not fixed

  1. Texas does not allow you to hold back rent because repairs are not made. If you stop paying, the landlord can warn you in writing, then sue you for 1 month's rent plus $500 and attorney's fees. On $1,000 rent that is $1,500 plus fees. Being behind on rent also ends the landlord's duty to repair. Keep paying rent on time while you go through the steps.

    Sources:
    1. Withholding Rent, Texas State Law Library. A government guide.
    2. How do I ask my landlord for repairs?, Texas RioGrande Legal Aid (TexasLawHelp.org). A nonprofit group.
    3. Legal FAQs, Tex. Prop. Code § 92.058, Texas State Law Library. A government guide.

  2. Repair and deduct (take the cost of a fix out of your rent) is allowed. It covers raw sewage backing up inside the home and flooding from broken pipes. It also covers other problems that a local official confirms affect your health or safety. For these, you must have a local building or health inspector notify the landlord. If a court later disagrees, you can owe the money back and face an eviction case. Get legal help first.

    Sources:
    1. Our editorial rules.
    2. Repair & Deduct Remedy, Texas State Law Library. A government guide.
    3. Tex. Prop. Code § 92.0561(d)(3)(A), Texas Legislature. Law.

  3. You can sue your landlord in a repair lawsuit. The court can order the landlord to make the repair. It can cut your rent from the date of your first notice until the repair is done. It can make the landlord pay you 1 month's rent plus $500. It can add your actual losses, like a hotel bill, plus court costs and attorney's fees. If your rent is $1,000, the penalty alone is $1,500. You get this money only if you win your case and your landlord pays.

    Sources:
    1. Our editorial rules.
    2. Filing a Lawsuit, Tex. Prop. Code § 92.0563, Texas State Law Library. A government guide.
    3. My written request for repairs has been ignored. What now?, Texas RioGrande Legal Aid (TexasLawHelp.org). A nonprofit group.
    4. If I File a Repair and Remedy Case What May I Ask the Court to do?, Texas Justice Court Training Center. A government guide.

  4. File the repair lawsuit in justice court (the justice of the peace court, which handles small claims) in the county where you live. You do not need a lawyer. The judge sets a trial date 10 to 21 days after you file. If you cannot afford the filing fee, file a Statement of Inability to Afford Payment of Court Costs.

    Sources:
    1. My written request for repairs has been ignored. What now?, Texas RioGrande Legal Aid (TexasLawHelp.org). A nonprofit group.
    2. Is There a Filing Fee?, Texas Justice Court Training Center. A government guide.
    3. S.B. 1259 (2023), § 3, Texas Legislature. Law.
    4. Tex. Gov't Code § 27.031(a)(1), Texas Legislature. Law.

  5. Your landlord may not punish you for asking for repairs or for calling code enforcement in good faith. The protection lasts 6 months from your notice or complaint. In that time the landlord may not evict you, raise your rent, or end your lease because of it. The landlord also may not cut services or block your use of the home. The landlord can still evict you for unpaid rent, damage you caused, or staying after the lease ends. If a court finds retaliation, the landlord owes you 1 month's rent plus $500, your losses, court costs, and attorney's fees.

    Sources:
    1. If You Have Problems, Tex. Prop. Code §§ 92.331-92.335, Office of the Texas Attorney General. A government guide.
    2. What remedies does a tenant have?, Tex. Prop. Code § 92.333, Texas State Law Library. A government guide.
    3. Tex. Prop. Code § 92.331(a)(2), Texas Legislature. Law.

Moving out

  1. You can end the lease instead, but this is risky. After the notice steps, if you owe no rent, give written notice that you are ending the lease and the date you will move out. You get back rent for the days after you leave, and your deposit under the normal rules. If you end the lease, you give up the repair order and rent cut. You also give up the right to fix a problem yourself and take the cost out of your rent. Fire, storm, or similar loss is different. If it makes the home impossible to use and you did not cause it, you or the landlord may end the lease.

    Sources:
    1. Terminating the Lease, Tex. Prop. Code § 92.056(f), Texas State Law Library. A government guide.
    2. My written request for repairs has been ignored. What now?, Texas RioGrande Legal Aid (TexasLawHelp.org). A nonprofit group.
    3. Tex. Prop. Code § 92.056(f)(1), Texas Legislature. Law.
    4. Casualty Loss, Tex. Prop. Code § 92.054, Austin Tenants Council (via TexasLawHelp.org). A nonprofit group.

  2. Moving out because the home is not fit to live in is called constructive eviction. In Texas it is risky. The landlord may argue you skipped a step or that the problem was not covered, then sue you for the rest of the rent. Read the constructive eviction guide before you move out.

    Sources:
    1. Terminating the Lease, Tex. Prop. Code § 92.056(f), Texas State Law Library. A government guide.
    2. My written request for repairs has been ignored. What now?, Texas RioGrande Legal Aid (TexasLawHelp.org). A nonprofit group.
    3. Tex. Prop. Code § 92.056(f)(1), Texas Legislature. Law.
    4. Casualty Loss, Tex. Prop. Code § 92.054, Austin Tenants Council (via TexasLawHelp.org). A nonprofit group.

Published by Cameron Monteith, September 24, 2026. Sources checked September 8, 2026. Is something on this page wrong or out of date? Tell us.