Texas Landlord Repair Deadlines: Renter Maintenance Rights

If you’re a Texas renter dealing with maintenance problems, it’s important to know what the law says about how quickly your landlord must make repairs. Texas law gives tenants clear rights and steps to follow if a landlord fails to fix issues, especially when they affect health or safety.

Understanding Repair Timeframes in Texas Rentals

In Texas, landlords are required by the Texas Property Code Chapter 92 to keep rental units safe and livable. This includes fixing problems that threaten health or safety, like broken heaters in winter or plumbing issues. But how long does a landlord actually have to make these repairs?

General Repair Timeframes

• Landlord’s deadline: Most health and safety repairs must be started within a "reasonable time" after you give written notice. Texas law defines this as 7 days unless there are special circumstances or the issue is more urgent.
• If the issue is especially severe (e.g., no running water, severe leaks, lack of heat in winter), the law may expect quicker action.
• For non-urgent repairs that don’t affect health or safety, landlords should still respond reasonably, but there is no strict legal deadline.

A "reasonable time" could be shorter if the issue is urgent, like a gas leak or loss of water service.

What Counts as a Required Repair?

Landlords are legally required to address problems that impact:

• Health and safety (mold, sewage leaks, non-working locks, etc.)
• Major utilities (heat, air conditioning, running water)
• Conditions that violate local building or housing codes

Requesting Repairs: Official Forms and How to Use Them

Texas requires that you send written notice before your landlord is legally obligated to repair most problems. It’s best to use written forms and send them in a way you can later prove (mail with return receipt, email with acknowledgment, or hand delivery with a witness).

• "Repair Request Letter" (No official form number):
  • When to use: Whenever you need to formally let your landlord know about a required repair.
  • How to use: Describe the problem, the date you noticed it, and your contact info. Ask for a timeline for repairs and keep a copy.
  • Download a sample Repair Request Letter from the Texas Attorney General
• "Justice Court Petition" (Form for Repair and Remedy Cases):
  • When to use: If your landlord does not fix the issue within the allotted time after written notice, you may file a petition in Justice Court for repairs and possibly rent reduction.
  • How to use: Bring your completed petition and documentation (copies of repair letters, photos, rent receipts) to the Justice Court in your county.
  • Download the Texas Petition: Repair and Remedy Case form (Official PDF)

Pro Tip: Always keep copies and evidence of your notices and communication.

What If The Landlord Doesn’t Respond?

If the landlord does not start repairs within 7 days (or sooner for urgent hazards) after written notice, you have these options:

• File a Repair and Remedy Case in Justice Court
• Request a judge order the landlord to make repairs, or allow rent reduction
• For serious safety issues, some tenants may have the right to "repair and deduct" or even end their lease, but this involves strict rules. Get advice first.

Landlords can only be held responsible for repairs required by law, and you must usually be current on your rent to pursue these rights.

Which Texas Tribunal Handles Rental Repair Disputes?

Texas rental repair disputes are handled by your local Justice Court (sometimes known as small claims court). Find your local court for filing using the state’s Justice Court directory.

Step-by-Step: What Tenants Should Do When Repairs Are Needed

If you need repairs and your landlord is unresponsive, follow these steps to protect your legal rights:

• Notify your landlord about the problem in writing and keep a copy
• If no response, send a second written request (ideally with proof of receipt)
• Wait up to 7 days (or less if urgent)
• If still no action, consider filing a Petition for a Repair and Remedy Case in the local Justice Court

Frequently Asked Questions

1. How long does my Texas landlord have to fix heating or AC problems?
   For major heating or air conditioning issues that impact health or safety, the law expects repairs to begin within about 7 days of written notice, but more urgent repairs may expect even quicker responses.
2. Can I stop paying rent if my landlord doesn’t fix things in Texas?
   No, you should continue paying rent. Stopping rent without a court’s permission can put you at risk of eviction. Instead, use official forms and contact Justice Court if repairs are ignored.
3. What happens if my landlord ignores my repair requests?
   You can file a Petition for a Repair and Remedy Case in your county’s Justice Court to ask a judge to order repairs or allow a reduction in rent. Always keep a record of your notices and attempts to communicate.
4. Are there special rules for emergency repairs in Texas rentals?
   Yes. Emergencies like gas leaks or burst pipes may require faster landlord action. Contact emergency services if there’s immediate danger, and notify your landlord as soon as possible.
5. Does Texas have a government agency for rental complaints?
   Texas does not have a statewide landlord-tenant agency, but your city or county may have a code enforcement office. Courts and some legal aid groups can also help.

Need Help? Resources for Renters

• Texas Attorney General: Tenant Rights Page
• Texas Justice Court Directory – For finding and filing with your local Justice Court
• Texas Law Help: Repairs and Habitability
• Texas Property Code Chapter 92: Residential Tenancies

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1. "Texas Property Code Chapter 92 – Residential Tenancies" (official legislation)
2. "Repair and Remedy Case – Texas Justice Court" (official court form)
3. Texas Attorney General: Tenant Rights Overview

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