Landlord Won't Make Repairs in Texas: What Can I Do?
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, what happens in court, and what Texas does not allow.
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Texas has an implicit warranty of habitability (a promise that the home is fit to live in). Instead, your landlord must make a diligent effort to repair any 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.
Texas Legislature Tex. Prop. Code § 92.052(a) Texas State Law Library Requesting Repairs Texas State Law Library Remedies for Failure to Repair✓ Sources checked September 11, 2026
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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.
✓ Sources checked September 11, 2026
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To request repairs, the first step is to tell your landlord in writing. Give the notice to the person or business where you normally pay rent. Describe the problem, date the letter, and keep a copy. Send it by certified mail with return receipt, registered mail, or any mail or delivery service with tracking. This piece of writing is evidence if legal escalation is needed.
Texas State Law Library How does a tenant request a repair? Texas Legislature Tex. Prop. Code § 92.056(b)(3) TexasLawHelp.org (Texas RioGrande Legal Aid) How do I ask my landlord for repairs?✓ Sources checked September 11, 2026
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Step 2: Give the landlord a reasonable time to fix the requested issue. The law presumes 7 days is reasonable but the landlord must at least state the estimated fix time. 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.
Office of the Texas Attorney General If You Have Problems Texas Legislature Tex. Prop. Code § 92.056(d) Texas Justice Court Training Center What is a Reasonable Time for the Landlord to Make Repairs?✓ Sources checked September 8, 2026
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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.
Office of the Texas Attorney General If You Have Problems Texas State Law Library How does a tenant request a repair? Texas Legislature Tex. Prop. Code § 92.056(b)(3)✓ Sources checked September 11, 2026
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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 for most problems.
TexasLawHelp.org (Texas RioGrande Legal Aid) What kinds of repairs is my landlord required to make? Texas Legislature Tex. Prop. Code § 92.0561(d)(3)(D) City of Austin Report a code violation Austin Tenants Council (via TexasLawHelp.org) Repairs: The Tenant's Right and the Landlord's Duty✓ Sources checked September 11, 2026
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Texas does not allow you to withhold 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.
Texas State Law Library Withholding Rent TexasLawHelp.org (Texas RioGrande Legal Aid) How do I ask my landlord for repairs? Texas State Law Library Legal FAQs, Tex. Prop. Code § 92.058✓ Sources checked September 11, 2026
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You can repair and deduct is allowed, but only in narrow cases: it covers raw sewage backing up inside the home and flooding from broken pipes, a total loss of drinking water, heating or cooling the lease promised that is not working. It also covers any other health or safety problem once a city/county official has sent the landlord written notice. Pursue legal advice or the advice of the government official after pursuing their steps.
✓ Sources checked September 11, 2026
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You can sue your landlord in such 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, such as a hotel bill, plus court costs and attorney's fees. If your rent is $1,000, the penalty alone is $1,500.
Texas State Law Library Filing a Lawsuit, Tex. Prop. Code § 92.0563 TexasLawHelp.org (Texas RioGrande Legal Aid) My written request for repairs has been ignored. What now? Texas Justice Court Training Center If I File a Repair and Remedy Case What May I Ask the Court to do?✓ Sources checked September 8, 2026
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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.
TexasLawHelp.org (Texas RioGrande Legal Aid) My written request for repairs has been ignored. What now? Texas Justice Court Training Center Is There a Filing Fee? Texas Legislature S.B. 1259 (2023), § 3 Texas Legislature Tex. Gov't Code § 27.031(a)(1)✓ Sources checked September 8, 2026
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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.
Office of the Texas Attorney General If You Have Problems, Tex. Prop. Code §§ 92.331-92.335 Texas State Law Library What remedies does a tenant have?, Tex. Prop. Code § 92.333 Texas Legislature Tex. Prop. Code § 92.331(a)(2)✓ Sources checked September 11, 2026
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You can end the lease instead. 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, and repair and deduct. Fire, storm, or similar loss is different. If it makes the home totally unusable and you did not cause it, you or the landlord may end the lease.
Moving out because the home became unlivable 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.
Texas State Law Library Terminating the Lease, Tex. Prop. Code § 92.056(f) TexasLawHelp.org (Texas RioGrande Legal Aid) My written request for repairs has been ignored. What now? Texas Legislature Tex. Prop. Code § 92.056(f)(1) Austin Tenants Council (via TexasLawHelp.org) Casualty Loss, Tex. Prop. Code § 92.054✓ Sources checked September 11, 2026
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