Texas Renter Rights: Handling Mold Problems in Your Rental

Mold is a common concern for Texas renters, especially during humid months. It can affect your health and your right to a safe, livable rental home. If you suspect mold is growing in your apartment or house, understanding your rights and responsibilities is key to resolving the issue quickly and safely.

What Are Your Rights as a Texas Renter Dealing with Mold?

Texas law requires landlords to provide and maintain rental units that are safe and habitable. While there is no specific state law about mold, Texas Property Code Section 92.052 covers your right to repairs affecting health and safety—including serious mold problems.

• You are entitled to a livable, safe rental—this includes addressing hazards like mold caused by leaks or water damage.
• Your landlord must make repairs within a reasonable time after receiving proper notice about the problem.
• You must be current on rent to enforce most repair rights under Texas law.

If the mold is caused by your actions (such as not properly ventilating the bathroom), you may be responsible for fixing it. Otherwise, landlords must repair problems—especially those resulting from roof leaks, plumbing, or faulty appliances they provide.

How to Report Mold to Your Landlord

Reporting the problem in writing is important. While you may call or text, state law gives you more protection if you use certified mail or another trackable method. This creates a record of your request if issues persist later.

Step-by-Step: Requesting Mold Repairs

• Notify your landlord in writing about the mold, describing where it is and what may have caused it.
• Send your notice using certified mail, return receipt requested or another method that confirms delivery.
• Keep copies of your letters, emails, and photos of the mold, water intrusion, or damage.
• Be clear about the health or safety risk if the problem is significant.

What Forms Do Texas Renters Use for Mold Repair Requests?

While there is no state-issued 'Mold Complaint Form,' you should use a Tenant’s Repair Request Letter. This template from the Texas Attorney General’s Office helps you comply with notice requirements.

• Name: Tenant’s Repair Request Letter
• When to use: Whenever you need to document a request for repairs that affect health and safety—including mold problems.
• How to use: Fill out the details, specifically mention mold and any leaks or water sources, and send by certified mail or another trackable method.
• Official source: Download the Tenant’s Repair Request Letter (Texas AG)

When the Landlord Doesn’t Respond: Your Options

If your landlord does not address the mold within a reasonable time (usually 7 days), and you followed the correct written notice procedure, you have several options under Texas law:

• Terminate your lease and move out (with proper written notice);
• Request a court order requiring repairs;
• Consult the local health department or code enforcement if the mold creates a serious health risk;
• Seek damages in a Justice Court.

Legal actions must follow steps outlined in Texas Property Code Chapter 92 - Residential Tenancies.

Who Handles Tenant-Landlord Disputes in Texas?

Residential landlord-tenant disputes in Texas are handled through Justice of the Peace Courts. These local courts address issues like repair and remedy cases or disputes over withheld deposits.

Texas Tenant Rights Legislation for Mold and Repairs

• Texas Property Code Section 92.052 – Landlord’s Duty to Repair or Remedy
• Section 92.056 – Tenant Remedies if Repairs Not Made

These sections are part of Texas Property Code Chapter 92, which covers almost all rights and duties in rental housing.

Frequently Asked Questions About Mold in Texas Rentals

1. What should I do if I find mold in my rental?
   Notify your landlord in writing, including photos and details about the mold. Use a tracked delivery method and keep copies for your records.
2. How long does my landlord have to fix mold problems?
   Generally, landlords have 7 days after receiving your written notice, but the law requires “reasonable time” depending on the severity and cause.
3. Can I stop paying rent if my landlord doesn't fix the mold?
   No, do not withhold rent. Withholding rent without a court order may give the landlord a reason to evict you. Follow the official steps for repairs and remedies.
4. Who investigates serious mold complaints in Texas?
   Local code enforcement, city housing authorities, or county health departments investigate severe habitability complaints, especially those affecting health and safety.
5. Is there an official Texas form for reporting mold?
   There’s no dedicated state form for mold, but you should use a Repair Request Letter template. Find one from the Texas Attorney General.

Conclusion: Key Takeaways for Texas Renters with Mold Problems

• Your landlord is required to fix mold that puts your health or safety at risk—if you send proper written notice.
• Always document problems and requests in writing, with delivery confirmation.
• If the landlord fails to act, you may take legal steps through Texas Justice Courts or local authorities.

Knowing the right process protects your home and your rights as a renter in Texas.

Need Help? Resources for Renters

• Texas Attorney General – Tenants’ Rights Guide
• Texas Department of Housing and Community Affairs – File a Complaint
• Find Your Texas Justice Court (for repair disputes and civil claims)
• Contact your local county Public Health or Code Enforcement Office for enforcement of unsafe conditions.

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1. Texas Property Code Chapter 92 – Residential Tenancies
2. Texas Attorney General Tenant Rights Information
3. Texas Justice Courts Tribunal Directory
4. Texas Department of Housing and Community Affairs Complaint Process

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