What should I do if my apartment has visible mold or a strong mildew smell?

Notify your landlord in writing immediately. If they do not fix the issue within a reasonable time (usually seven days), you may file a Repair and Remedy Case at your local Justice Court.

Does my landlord have to provide working fans or vents in every room?

Landlords must ensure the unit complies with basic habitability standards, which often include functional windows or mechanical ventilation, especially in bathrooms and kitchens.

Can I withhold rent if air quality problems are not fixed?

No, withholding rent is not generally allowed under Texas law without a court order. Instead, use the official repair request and legal process if needed.

Which government agency handles tenant complaints about unsafe conditions in Texas?

Most complaints start with your city’s building or code enforcement. For unresolved safety repairs, you can file with the Justice of the Peace court for your area.

Where can I find help or sample forms for repair requests?

The Texas Attorney General’s website offers guides and sample letters for tenants to send repair requests to landlords.

Texas Rental Air Quality and Ventilation Rules Explained

Health & Safety Standards Texas published: June 21, 2025

Living in a healthy home is important, and in Texas, renters benefit from clear laws about air quality and ventilation in rental units. Whether you’re worried about mold, stale air, or poor ventilation, understanding the standards and your rights can help you protect your health and comfort. This guide breaks down Texas rules, important forms, and steps you can take if problems arise.

Understanding Health & Safety Standards for Air Quality in Texas Rentals

Texas law requires landlords to keep their rental properties fit for human habitation, which includes maintaining reasonable air quality and adequate ventilation. These duties are primarily covered under the Texas Property Code, Chapter 92.^[1]

Key Landlord Responsibilities

Repair or remedy conditions that materially affect the physical health or safety of an ordinary tenant
Address issues such as broken windows, faulty ventilation systems, or water leaks that may cause mold
Comply with local building and health codes addressing ventilation and habitability

Being aware of these duties helps renters know what to expect and when to reach out for help.

What Does the Law Require for Air Quality and Ventilation?

While Texas doesn’t have a specific state-wide air quality standard for rentals, it does require landlords to make repairs that impact health or safety. Local codes (like those from your city’s housing department) often add extra rules about ventilation, window screens, and mold prevention. Here’s what typically matters most:

Working windows or mechanical ventilation in living spaces and bathrooms
No persistent water leaks, visible mold, or musty odors
Responsive repairs to address deteriorating air quality due to poor ventilation or other hazards

What to Do if You Suspect Poor Air Quality

If you notice persistent dampness, mold, mildew smells, or poorly functioning fans or vents, contact your landlord in writing. Texas law gives them a "reasonable time" (usually seven days for health/safety conditions) to respond after receiving written notice.^[1]

Key Forms and How to Use Them

Texas Tenants’ Repair Request (No official form number)
When to use: Use this written request when you need a landlord to fix or remedy a problem affecting air quality or ventilation. Always make the request in writing (email, letter, or certified mail recommended).
Example: “I am requesting repair of the bathroom exhaust fan, which is not working and causing excessive moisture.”
Download sample repair request letter (Texas Attorney General)
Justice Court Petition – Repair and Remedy Case (JP-51.1)
When to use: If your landlord does not make the needed repairs after written notice, you can file this petition at your local Justice of the Peace court. This asks a judge to order the repairs.
Example: “I filed JP-51.1 at Justice Court because my landlord did not address my report of mold and poor ventilation.”
Download form JP-51.1 (Texas Courts)

Always keep a copy of your repair request and proof of delivery.

Remember: Written notice is required before you can ask a court to help with repairs. Document all steps for your protection.

Filing a Repair Request or Court Petition

First, notify your landlord in writing about the ventilation or air quality issue. If they don’t fix the problem after you’ve given reasonable time, you may file a Repair and Remedy Case at your local Justice of the Peace court—the main tribunal for Texas residential tenancy disputes. Find your local court using the Texas Judicial Directory.

Summary: Texas Approach to Rental Air Quality

Most air quality and ventilation standards in Texas are enforced through a combination of landlord repair duties, local housing codes, and renters taking prompt action by following the official process for repairs and legal recourse.

Frequently Asked Questions

What should I do if my apartment has visible mold or a strong mildew smell?
Notify your landlord in writing immediately. If they do not fix the issue within a reasonable time (usually seven days), you may file a Repair and Remedy Case at your local Justice Court.
Does my landlord have to provide working fans or vents in every room?
Landlords must ensure the unit complies with basic habitability standards, which often include functional windows or mechanical ventilation, especially in bathrooms and kitchens.
Can I withhold rent if air quality problems are not fixed?
No, withholding rent is not generally allowed under Texas law without a court order. Instead, use the official repair request and legal process if needed.
Which government agency handles tenant complaints about unsafe conditions in Texas?
Most complaints start with your city’s building or code enforcement. For unresolved safety repairs, you can file with the Justice of the Peace court for your area.
Where can I find help or sample forms for repair requests?
The Texas Attorney General’s website offers guides and sample letters for tenants to send repair requests to landlords.

Key Takeaways for Texas Renters

Landlords are required by law to maintain rentals in safe, healthy condition—which includes air quality and ventilation.
Always submit repair requests in writing and document your communications.
If your landlord doesn’t make timely repairs, use the Repair and Remedy Case process through your Justice Court.

By staying informed and following the official steps, you can help resolve air quality and ventilation issues in your Texas rental.

Need Help? Resources for Renters

Justice of the Peace Courts (Texas Judicial Directory) – Handles repair cases and rental disputes.
Texas Attorney General: Tenant Rights Resources – Guides, sample letters, and legal information for renters.
Local City Code Enforcement or Housing Department – For inspection or urgent safety issues (find number through your city’s official website).

See Texas Property Code, Chapter 92 – Residential Tenancies