Texas Landlord Repair Rules: Tenant Rights Explained
If you're renting a home or apartment in Texas, it's important to understand your landlord's responsibilities when it comes to making repairs and keeping your home livable. Texas law gives you specific rights and steps to follow if something in your rental needs fixing. Knowing what you can expect—and what you need to do—can help protect your home and peace of mind.
What Are Landlords Required to Repair in Texas?
Under Texas law, landlords must fix conditions that affect your health and safety or violate the housing code. This means:
- Repairing broken heating, air conditioning, or plumbing systems
- Addressing electrical hazards or infestations of pests
- Fixing leaky roofs, windows, or doors if they cause mold or security risks
- Other repairs needed to make your home “habitable,” according to the Texas Property Code, Chapter 921
However, landlords aren’t responsible for repairs if you or your guests caused the problem, or if you’re behind on rent (unless the issue endangers health or safety).
How to Request Repairs from Your Landlord
When you notice something that needs repairing, Texas law requires you to notify your landlord in writing—even if you've already told them verbally. Keep a copy of your letter or email as proof.
- Be as specific as possible about the issues (e.g., "The air conditioner has stopped working and the inside temperature is above 85°F.")
- Deliver your written request by certified mail with a return receipt if possible. This creates a record of your request.
- Allow your landlord a reasonable time to fix the issue (usually 7 days for most problems, but this can vary for emergencies)
What If Repairs Are Not Made?
If your landlord doesn't make repairs within a reasonable time after getting your written request, you have several legal options. You may also be able to use official forms to support your case.
Relevant Official Forms for Texas Renters
- Notice to Landlord of Needed Repairs (no official number):
- When and How to Use: Use this form to provide written notice of the required repairs—this starts the legal timeline for your landlord's obligation. For example, if your heater stops working in winter, send this notice so the landlord is officially aware and must act within a reasonable period.
- Sample Repair Request Letter (PDF via Texas Attorney General)
- Justice Court Petition for Repair and Remedy (JP-Civil Form No. 11.3):
- When and How to Use: If your landlord doesn't respond after your written notice, you can file this form with your local Justice of the Peace court asking a judge to order repairs or reduce your rent. For example, if your plumbing leak isn't fixed after multiple requests, complete and submit this petition.
- Repair and Remedy Petition (Official Texas Courts PDF)
What Is the Texas Residential Tenancy Tribunal?
Texas does not have a single "residential tenancy tribunal." Instead, repair disputes are usually handled by the Justice of the Peace Courts, which are local courts in each county. They can order landlords to make repairs or take other actions under Texas law2.
What Tenancy Legislation Protects You?
Your main protections are found in the Texas Property Code, Chapter 92, which covers landlord duties, timelines, and remedies if repairs are not made. You can reference this law if you have to go to court or communicate with your landlord.
Action Steps if Your Landlord Won't Make Repairs
- Send your landlord a written repair request using the sample letter or form linked above
- Wait a reasonable time (usually 7 days) for the landlord to respond or make repairs
- Document the problem with photos, videos, and copies of all communication
- If repairs are not made, consider filing a "Repair and Remedy" petition at your local Justice of the Peace court
FAQ: Texas Landlord Repair Obligations
- What repairs are Texas landlords required to make? Landlords must fix issues that threaten your health or safety (such as broken locks, unsafe wiring, no heat or water), and keep your rental in livable condition as outlined in the Texas Property Code.
- Can I withhold rent if repairs aren't made? Generally, you must not withhold rent without a court order. Follow official steps (written request and court petition) to avoid risking eviction.
- How long does my landlord have to make repairs? Texas typically requires landlords to respond and fix vital problems within 7 days of written notice, or faster for emergencies.
- What if I caused the damage? The landlord is not required to fix issues you, your family, or guests caused. You may be responsible for the repairs or costs.
- Where do I file a complaint if my landlord ignores repair requests? You can file a "Repair and Remedy" petition at your local Justice of the Peace court, which handles these disputes.
Key Takeaways for Texas Renters
- Landlords must repair health and safety hazards in your rental home
- Always submit repair requests in writing and keep a copy for your records
- Use official forms and local courts to enforce your rights if repairs aren't made
Understanding these steps makes it more likely you'll get the repairs you need—and maintain your right to a safe, livable home.
Need Help? Resources for Renters in Texas
- Texas Attorney General – Tenants’ Rights Information
- Texas Department of Housing and Community Affairs: Tenant Resources
- Justice of the Peace Courts Directory (file Repair & Remedy petitions)
- Texas Law Help: Repairs for Tenants (Official Resource)
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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