Your landlord is ignoring repair requests? Texas law is on your side, but you need to follow the process exactly.
Texas Property Code 92.0561 — Landlord's Duty to Repair:
This is the key statute. It requires landlords to make a diligent effort to repair conditions that materially affect the physical health or safety of an ordinary tenant.
The process (follow this EXACTLY):
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Written notice. Send a repair request in writing. Certified mail, return receipt requested. Include:
- Your name and address
- Specific description of the problem
- Date the problem started
- Request for repair within a reasonable time
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Reasonable time. Texas law says a "reasonable time" — courts generally interpret this as 7 days for urgent issues (no hot water, no heat, sewage backup) and 30 days for non-urgent.
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If they don't repair: You have several remedies under 92.0563:
- Repair and deduct: Hire someone to fix it and deduct the cost from rent (limits apply — must be under $500 or one month's rent, whichever is greater)
- Terminate the lease: If the condition materially affects health/safety
- Sue for damages: Actual damages, one month's rent + $500, court costs, and attorney's fees
What qualifies under 92.0561:
- No hot water
- No heat (in winter)
- Sewage backup
- Broken locks/security devices
- Rodent/pest infestation
- Mold affecting health
- Structural issues affecting safety
What does NOT qualify:
- Cosmetic issues
- Minor inconveniences
- Issues caused by the tenant
CRITICAL: You must be current on rent. If you're behind on rent, the repair remedy is weaker.
Sources:
- Texas Property Code 92.0561, 92.0563 (landlord repair obligations)
- Texas Property Code 92.056 (notice requirements)
- Texas Tenant Advisor (texastenant.org) — free legal guides
- Lone Star Legal Aid (lonestarlegal.org) — free legal help for qualifying tenants
Certified mail creates a paper trail. The paper trail wins in court.
Real talk — what are your thoughts?
Sent a certified letter for a sewage backup in our Garland apartment. Landlord fixed it within 5 days. Before the letter, they ignored 3 phone calls over 2 weeks.