Pest Control Rights for Texas Renters

If you’re renting an apartment in Texas and dealing with pest infestations—such as roaches, bedbugs, rats, or termites—you’re not alone. Understanding your rights, responsibilities, and the steps to address these health and safety issues is crucial. This guide explains what Texas law says about pest infestations, what to do if your landlord doesn’t respond, and how to get official support.

Texas Health and Safety Standards for Apartment Living

Texas law requires landlords to provide and maintain rental properties that are safe and healthy for tenants. Pest infestations are recognized as a health hazard under state law, meaning your landlord must address such issues in a timely manner, especially if the pests affect your unit's habitability.

Who Is Responsible for Pest Control?

• Landlords must keep rental units free from infestations unless a lease clearly assigns responsibility to tenants for ongoing pest control after move-in.
• If a pest issue is caused by the tenant’s actions (e.g., not keeping the unit clean), the tenant may be required to fix it.
• For major infestations or recurring problems not caused by the tenant, landlords are usually responsible under Texas Property Code Chapter 92 (Tenant-Landlord Relations).

Always check your lease for specific pest control clauses and responsibilities.

What to Do If You Have a Pest Infestation

If you notice pests in your rental, act quickly and follow these steps to ensure your rights are protected:

• Notify your landlord in writing: Texas law requires you to submit a written repair request before other remedies are available. Keep a copy for your records.
• Allow your landlord a reasonable time (usually 7 days) to begin addressing the problem after receiving your written notice, as outlined in Section 92.052 of the Texas Property Code.
• If the landlord does not act or the infestation remains, you can take further legal steps, including requesting repairs from local code enforcement or seeking a court order.

Key Texas Forms for Renters Facing Pest Problems

• Texas Tenant Repair Request Letter
  When to use: This basic letter is used to inform your landlord (in writing) of a pest issue, complying with Section 92.056 requirements.
  How to use: Describe the pest problem, the impact on your health or safety, and ask for prompt repair. Deliver it via certified mail, email (if permitted), or in-person (get proof of delivery).
  Download Texas Tenant Repair Request Letter (Official Sample)
• TCEQ Online Complaint Form
  When to use: If ongoing health or sanitation hazards go unresolved, you may file a complaint with your city or with the Texas Commission on Environmental Quality (TCEQ).
  How to use: Complete the online form providing details and evidence. A TCEQ inspector may investigate and issue orders to the landlord if necessary.
  File a Tenant Complaint with TCEQ

Tribunal and Legal Resources

The Texas Justice of the Peace Courts handle disputes between landlords and tenants. If repairs aren’t made, tenants may pursue remedies through these courts. To learn more, visit the Texas Courts Self-Help Center.

Legal Remedies for Unaddressed Pest Problems

• Withhold Rent: Under strict conditions, tenants may pay rent into the court registry until repairs are made (never simply stop paying rent).
• Repair and Deduct: In limited situations, you may be able to fix the problem yourself and deduct the cost—only after following all notice steps as outlined in the Texas Property Code.
• File a Complaint: Contact local code enforcement or health departments if the issue affects your well-being.

For legal action, you may file a suit for orders requiring repairs or for damages in the Justice of the Peace Court.

FAQ: Dealing With Pest Infestations in Texas Apartments

1. Do landlords in Texas have to pay for pest control?
   In most cases, yes—unless the lease says otherwise or the tenant’s actions caused the infestation. Check your lease and provide written notice to your landlord.
2. What if my landlord refuses to fix a pest problem?
   After giving written notice, you can contact local code enforcement, file a complaint with TCEQ, or take your case to the Justice of the Peace Court if the infestation endangers health or safety.
3. Can I withhold rent until the issue is fixed?
   No, you cannot withhold rent unless you follow the specific legal procedures in Texas Property Code § 92.056. Withholding rent improperly may risk eviction.
4. Is a repair request letter required?
   Yes. A written repair request is required by law to begin the process. Use the official sample letter.
5. Where do I file a formal complaint if needed?
   You may file complaints with your city code enforcement, the TCEQ, or seek legal remedies through the Justice of the Peace Court.

Conclusion: Key Takeaways for Texas Renters

• Texas landlords must address infestations affecting health and safety, unless your lease states otherwise.
• Always give written notice and keep records to protect your rights.
• For unresolved problems, renters have formal complaint options through local agencies or Justice of the Peace Courts.

Remember: Acting promptly and following the right legal steps helps ensure your rental remains safe and habitable.

Need Help? Resources for Renters

• Texas Attorney General – Tenant Rights Guide
• Texas Law Help: Pest Infestation & Tenant Rights
• Texas Justice of the Peace Courts Locator
• Texas Commission on Environmental Quality (TCEQ) – File a Complaint
• Local city code enforcement or health department (search for your city’s code enforcement office)

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1. Texas Property Code Chapter 92 – Residential Tenancies
2. Texas Justice of the Peace Courts
3. Texas Commission on Environmental Quality – Complaint Process
4. Office of the Texas Attorney General – Tenant Rights

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