My landlord won't fix anything in my apartment in Texas

What the law says

Section 92.052 of the Texas Property Code sets the landlord’s duty:

“A landlord shall make a diligent effort to repair or remedy a condition if”

Three conditions follow in section 92.052(a) of the Texas Property Code. The tenant must describe the condition in a notice to the person or place where rent is normally paid. The tenant must not be behind on rent when the notice is given. And the condition must either materially affect the physical health or safety of an ordinary tenant, or come from the landlord’s failure to keep a hot water supply working at a minimum of 120 degrees Fahrenheit.

The notice can be spoken. Under section 92.052(d) of the Texas Property Code, it must be in writing only if the lease is written and requires written notice.

Some conditions fall outside the duty. Section 92.052(b) of the Texas Property Code says that, unless it is normal wear and tear, the landlord does not have to repair a condition caused by the tenant, another lawful occupant, a member of the tenant’s family, or a guest.

When the landlord becomes liable

The Code, in section 92.056(b) of the Texas Property Code, adds steps before a tenant can use the remedies. After the first notice, the tenant gives a second written notice once a reasonable time has passed. Or the first notice goes by certified mail with a return receipt, registered mail, or another mail service that tracks delivery. The landlord must then have had a reasonable time to repair, and not made a diligent effort to do it. The tenant must be up to date on rent at the time of every notice.

How long is reasonable. Section 92.056(d) of the Texas Property Code says:

“there is a rebuttable presumption that seven days is a reasonable time”

So the law starts from 7 days, and that presumption can be rebutted. Under section 92.056(d) of the Texas Property Code, the date the landlord received the notice, how serious the condition is, and whether materials, workers and utilities are reasonably available must be considered.

What a tenant can do

Once the landlord is liable, section 92.056(e) of the Texas Property Code lets the tenant end the lease, have the condition repaired and deduct the cost from rent, and seek court remedies. A tenant who ends the lease gets a pro rata refund of rent under section 92.056(f), and can deduct the security deposit from rent or get it refunded, but gives up repair and deduct and the court orders to repair or lower the rent.

Repair and deduct has strict conditions. Under section 92.0561 of the Texas Property Code, it is open only after one of four events: raw sewage backing up or flooding inside the home; water service stopped entirely when the lease, openly or by implication, has the landlord supply drinking water; heating or cooling the landlord agreed to supply not working, with a written notice from a local housing, building or health official that this affects health or safety; or such an official’s written notice about any other condition. At least one of the tenant’s notices must say the tenant intends to make the repair and describe it.

Timing and who does the work. Under section 92.0561(e) of the Texas Property Code, sewage or flooding can be fixed straight after the notice of intent. Otherwise the landlord gets 3 days after that notice for water, heating or cooling, and 7 days for a condition an official has flagged. The work must be done by an independent company, contractor or repairman, licensed where the city requires it, and not by the tenant or the tenant’s family, employer or employees unless the landlord agrees. It must meet building codes. The tenant gives the landlord a copy of the repair bill and receipt with the rest of the rent.

The cap. Under section 92.0561(b) and (c) of the Texas Property Code, the deductions in any one month may not exceed one month’s rent or $500, whichever is greater. Under section 92.0562, a landlord can delay the work with a sworn affidavit: up to 15 days when parts are delayed through no fault of the landlord, or 30 days after a natural disaster causes a general shortage of labor or materials.

Getting it wrong costs the tenant. Under section 92.058 of the Texas Property Code, a tenant who holds back rent, has repairs done or deducts for repairs in breach of these rules is liable for the landlord’s actual damages. If the landlord first warned the tenant in writing that this was illegal and what the penalties are, and the tenant goes ahead in bad faith, the landlord can also recover a civil penalty of one month’s rent plus $500.

In court, section 92.0563 of the Texas Property Code lets a judge order the repair, lower the rent from the date of the first notice until the repair, and award a civil penalty of one month’s rent plus $500, the tenant’s actual damages, court costs and attorney’s fees. Justice, county and district courts can all hear these cases. A justice court holds its hearing 6 to 10 days after the landlord is served, and cannot award more than $20,000, not counting interest and court costs.

What changes the answer

Rent owed. A tenant behind on rent when a notice is given has no repair remedy under sections 92.052 and 92.056 of the Texas Property Code.

Who must prove what. Under section 92.053 of the Texas Property Code, the tenant carries the burden of proof in court. That shifts to the landlord if the landlord does not give a written explanation for the delay within 5 days of the tenant’s written demand for one.

Insured damage. Under section 92.054 of the Texas Property Code, when a condition comes from an insured loss such as fire, smoke or hail, the time for repair does not start until the landlord receives the insurance money.

Retaliation. Section 92.331 of the Texas Property Code bars a landlord, for 6 months after a tenant gives a repair notice, from retaliating by filing an eviction except on the grounds section 92.332 allows, keeping the tenant from using the home without a lawful reason, cutting services, raising the rent, ending the lease, or seriously interfering with the tenant’s rights under the lease in bad faith. Under section 92.333, a tenant can recover a civil penalty of one month’s rent plus $500, actual damages, court costs and attorney’s fees, less any rent owed.

What this page covers. It reads sections 92.052 to 92.058 and 92.331 to 92.333 of the Texas Property Code, as captured on 26 September 2026. City housing codes and the lease’s own terms are not covered here.