Texas Rental Properties: Safe Drinking Water Rights

If you're renting a home or apartment in Texas, you have the right to livable, healthy housing, including access to safe drinking water. Understanding the standards and your legal options can help you resolve water quality issues or complaints with confidence.

What Standards Apply to Drinking Water in Texas Rentals?

Landlords in Texas are legally required to provide rental properties that meet basic health and safety conditions, which includes a supply of water that is both drinkable (potable) and safe for everyday use. Texas Property Code Chapter 92 - Residential Tenancies sets these expectations for landlords and tenants.

• Water must come from an approved public supply or a tested private source.
• Landlords must correct water quality issues that make a unit uninhabitable.
• If a landlord fails in this duty, tenants may have formal remedies.

What Does "Safe Drinking Water" Mean in Texas?

Water is considered safe ("potable") when it meets federal and state standards set by the U.S. Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ). These standards limit contaminants like lead, bacteria, and chemicals.

• A private well must be tested regularly by the landlord to ensure compliance.
• If your water is brown, has an odor, tastes odd, or makes you sick, it may be unsafe.

What Are Your Rights and Remedies as a Renter?

The Texas Property Code requires a landlord to make repairs if water quality endangers your health or makes the home "unlivable." This means you can request repairs and, if ignored, escalate the issue.

Action Steps for Texas Renters

• Report problems in writing: Ask your landlord to fix water-quality issues by writing a dated letter or email.
• Allow a reasonable time (typically 7 days for urgent issues) for repairs.
• Keep records of your requests and any testing results.

Relevant Official Complaint Forms and How to Use Them

• Repair Request/Intention to Terminate Lease Form (Texas Property Code Section 92.056):
  This is a written notice to your landlord demanding repairs. If they do not fix the problem in a "reasonable time," you can use this process to end your lease early.
  Example: If your rental’s water is contaminated and your landlord ignores two written requests, you can serve a formal "Notice of Intent to Terminate Lease for Failure to Provide Essential Services."
  Official information and sample notices: Texas Attorney General Landlord-Tenant Guide.
• Repair and Deduct Form (Section 92.0561):
  If your landlord refuses to repair water issues, you may be eligible to arrange repairs yourself and deduct up to one month's rent. You must give proper notice and follow the rules carefully.
  See: Texas Property Code Section 92.0561 - Repair and Deduct Remedy.
• Complaint Form to Texas Commission on Environmental Quality (TCEQ):
  Used if you believe the public water system is not providing safe water. Submit online or by mail.
  Form info: TCEQ: Report an Environmental Complaint

Which Tribunal Handles Disputes?

Water-related habitability or repair disputes are usually settled in your local Justice of the Peace (JP) Court if a lawsuit or eviction is involved. You may also file health complaints with your local city or county health department.

FAQ: Texas Renters & Drinking Water

1. What should I do first if my tap water isn’t safe to drink?
   Notify your landlord in writing as soon as possible, explain the problem clearly, and keep a copy for your records.
2. How quickly must the landlord fix water safety issues?
   Texas law requires prompt repairs if water issues threaten your health or make the rental unlivable. Landlords usually have 7 days or less for urgent issues, or a "reasonable time" under Section 92.052 of the Texas Property Code.
   
3. If the landlord refuses, can I end my lease?
   Yes, if you meet notice requirements and the water issue isn't fixed, you may serve written notice to terminate your tenancy under Texas law.
4. Can I call the city or county if the problem persists?
   Yes, you may contact your local health department or the TCEQ for further assistance or inspections.
5. Is well water covered by the same laws?
   Yes; landlords who supply private well water must also ensure it meets health and safety standards. Regular testing is recommended.

Conclusion: Key Takeaways for Texas Renters

• Texas law guarantees your right to safe, drinkable water in rental housing.
• Always notify your landlord in writing and keep records of all requests and reports.
• If repairs aren’t made, use official forms to protect your rights under the Texas Property Code.

Need Help? Resources for Renters

• Texas Attorney General: Tenant Rights and Responsibilities
• Texas Department of Housing and Community Affairs: For Texans
• Texas Commission on Environmental Quality: Drinking Water Complaints
• Justice of the Peace Courts (handles housing disputes)
• Find Your Local Health Department

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1. Texas Property Code Chapter 92 – Residential Tenancies
2. Texas Commission on Environmental Quality - Drinking Water Standards
3. EPA: National Primary Drinking Water Regulations
4. Texas Attorney General: Landlord and Tenant Guide

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