Texas Repair & Habitability Laws

Texas landlords must repair conditions that materially affect the health or safety of tenants under Tex.

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Key Rules

Repair And Deduct
Yes — available after 2 written requests and at least 7 days; limited to conditions affecting health or safety
Rent Withholding
Tenant may terminate or seek rent reduction for conditions affecting health or safety
Notice Required
Two written notices to landlord required before exercising repair-and-deduct
Habitability Standards
Conditions materially affecting physical health or safety of ordinary tenant

Applicable Statutes

Tex. Prop. Code § 92.052

Landlord duty to repair or remedy: landlord must make diligent efforts to repair conditions that materially affect the physical health or safety of an ordinary tenant.

Tex. Prop. Code § 92.056

Tenant's repair and deduct remedy: if landlord fails to repair after two written requests and at least 7 days, tenant may have the work done and deduct the cost from rent.

Tex. Prop. Code § 92.0563

Remedies available to tenant for landlord's failure to repair: includes rent reduction, termination, repair-and-deduct, and civil suit for damages.

Legal Aid Resources

Lone Star Legal Aid

713-652-0077

Houston and Southeast Texas

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