Texas Renters: When You Can Authorize Emergency Repairs

As a tenant in Texas, you depend on your rental home to be safe and livable. When an urgent maintenance problem arises—like no heat in winter or a broken water pipe—you might need fast action. But when can you call a repair professional yourself, and what does Texas law require? Understanding your rights and procedures can protect your home and prevent disputes with your landlord.

What Is an Emergency Repair in Texas?

An emergency repair is a problem that threatens your health or safety, like major plumbing leaks, no water or heat in extreme weather, dangerous electrical issues, or broken exterior doors or windows. Texas law requires landlords to address these quickly to keep the home habitable.

Examples of Emergencies That Require Immediate Action

• No running water or sewage backup
• Broken heating or air conditioning in extreme temperatures
• Gas leaks
• Electrical hazards (sparks, exposed wiring)
• Broken locks or doors compromising security

Some issues are urgent because they endanger your safety or property. For other repairs, normal maintenance timelines apply.

What Does Texas Law Say? Your Landlord's Responsibility

Under the Texas Property Code Chapter 92, landlords must make repairs that affect your health or safety in a reasonable amount of time after being notified in writing.¹ The law gives landlords a chance to respond before you can take action yourself.

When Can You Call a Professional Repair Service?

You can only authorize repairs and deduct the cost from your rent if you:

• Sent a written repair request to your landlord describing the problem
• Waited a "reasonable" period, usually 7 days (sooner if the issue is urgent)
• If the landlord does not make the repairs, provided a second written notice as required by law
• Used a licensed professional for the repair

Always give your landlord written notice and reasonable time first, except in emergencies where immediate damage or harm is likely.

Required Notices and Official Forms

• Initial Written Repair Request
  Write a clear letter or email to your landlord, describing the emergency and requesting repair. Keep a copy for your records.
  
  
  For urgent issues, deliver your notice by a method you can prove—like certified mail, email with a read receipt, or in-person with a witness.
• Second Written Notice
  If the landlord does not respond or repair in time, send a second written notice. This triggers your right to arrange the repair yourself or to terminate your lease.

While Texas does not have a single required form for repair requests, you can use this Tenant Repair Request Form (PDF) provided by the Texas Office of the Attorney General. Use it to document your request and dates sent.

How Deduct-and-Repair Works in Texas

After giving the required written notices and waiting periods, Texas law lets you:

• Arrange for the repair by a licensed professional
• Deduct the lesser of $500 or one month's rent per repair from your rent (per repair request period)
• Provide your landlord with receipts and documentation of the repair

It’s important to follow all notification and timing steps, or you may risk violation of your lease. See full guidance on tenant repair and deduct rights from the Texas Attorney General.

If Your Landlord Doesn't Respond: Next Steps

If you've sent two written repair notices, waited the required time, and still have no response, you may:

• Terminate your lease and move out (if the issue endangers health or safety)
• File a complaint with the Justice Court under Texas Property Code (see footnote 1)

The Justice Court handles residential tenancy disputes in Texas. Learn more at the Texas Judicial Branch Justice Courts Directory.

Always keep copies of every notice, receipt, and repair invoice. Document your communication in writing.

FAQ: Emergency Repairs for Texas Renters

1. Can I call a plumber or electrician myself during an emergency?
   Only after giving proper written notice (twice if necessary) and waiting the required time. For immediate danger, call emergency services (like 911 or utility) but repair and deduct rights require following notice rules.
2. What if my landlord ignores my repair request?
   If you've sent two notices and your landlord hasn't responded, you may use the "repair and deduct" option for qualified repairs, or seek help from Justice Court.
3. How much can I deduct from my rent for repairs?
   Texas law limits this to $500 or one month's rent per repair, whichever is less, per repair request period.
4. What documentation should I keep?
   Store all repair requests, receipts, and proof of delivery. If there's a dispute, this supports your case with the court or landlord.
5. Can I be evicted for making repairs without following these steps?
   Yes. Not following the official process can violate your lease. Always document notices and give the landlord a fair chance to fix the issue first.

Key Takeaways

• Texas law lets renters arrange and deduct emergency repairs, but only after following proper written notice and waiting periods.
• Use written forms—like the Texas Attorney General's template—to protect yourself.
• Document everything, and act within the law to avoid lease violations.

Need Help? Resources for Renters

• Texas Attorney General: Tenant Repair Rights
• Texas Property Code Chapter 92 - Residential Tenancies
• Justice Courts Directory – File a dispute or seek advice
• TexasLawHelp.org – Free legal resources for renters
• Texas Department of Housing and Community Affairs – Housing Assistance

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1. Texas Property Code Chapter 92 – Residential Tenancies
2. Tenant Repair Request Form – Texas Office of the Attorney General
3. Texas Justice Courts – Residential Tenancy Dispute Filing

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