What conditions does a Texas landlord have to repair?

Under §92.052(a), conditions the tenant specifies in a proper notice that materially affect the physical health or safety of an ordinary tenant — and failures to provide and maintain a device supplying hot water of at least 120 degrees Fahrenheit. The tenant must not be delinquent in rent when notice is given.

How long does the landlord have to make the repair?

The statute works on a 'reasonable time' standard, and §92.056(d) sets a rebuttable presumption that seven days is a reasonable time — weighed against the severity of the condition and the availability of materials, labour and utilities.

Can the tenant repair it and deduct the cost from rent?

Only if the landlord is liable under §92.056 and the conditions in §92.0561 are met, including a notice stating the intent to repair. The deduction is capped at one month's rent or $500, whichever is greater, and repairs must generally be made by an independent contractor.

Does the tenant's repair notice have to be in writing?

Under §92.052(d), only if the lease is in writing and requires written notice. But §92.056 liability commonly runs through a second written notice, or a first notice sent by certified or other trackable mail — so written, trackable notice is what builds a record.

Texas Landlord Repair Obligations

Texas Property Code §92.052 requires a landlord to make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant — once the tenant gives proper notice and is current on rent. This page explains the duty, the exclusions, the notice-and-timing procedure in §92.056, and the remedies a tenant can reach if a landlord does not act.

Compare form providers Browse by state

What it is

Chapter 92, Subchapter B of the Texas Property Code sets the repair framework for residential tenancies: §92.052 states the landlord's duty to repair or remedy, §92.056 states when a landlord is liable and what a tenant may do about it, and §92.0561 governs the tenant's repair-and-deduct remedy. For a landlord, this page works as a response checklist — what triggers the duty, what to document, and the deadlines the statutes build in.

When to use it

A tenant reports a condition — no hot water, a sewage backup, a broken heater — and you need to know whether the statutory duty applies
You receive a repair notice and want to handle it so the file shows notice, a diligent effort, and timing
You are drafting or reviewing a lease and need the repair-remedies language §92.056(g) requires
A tenant threatens to terminate, repair and deduct, or sue, and you want to know what each remedy actually requires first

What to do — landlord response checklist

Print this page to use the checklist on paper.

Record every repair notice: the date, how it arrived, who received it, and the condition described — liability under §92.056 turns on notice given to the person to whom or place where rent is normally paid
Confirm the tenant was not delinquent in rent when the notice was given — that is one of the §92.052 conditions
Decide whether the condition materially affects the physical health or safety of an ordinary tenant, or is the hot-water device condition §92.052 names
Check who caused the condition: damage caused by the tenant, a lawful occupant, a family member or a guest is generally outside the duty, while normal wear and tear is not (§92.052(b))
Start work or schedule it promptly and keep proof of a diligent effort — invoices, work orders, contractor messages, parts orders
If a written demand for an explanation of delay arrives, answer in writing by the fifth day — §92.053 shifts the burden of proof to a landlord who does not
Track the calendar against the §92.056(d) presumption that seven days is a reasonable repair time, and document severity, parts and labour availability if more time is genuinely needed
Do not respond to a repair request by raising rent, reducing services or moving to terminate — §92.331 bars retaliation within six months of protected tenant actions, including repair notices
Keep the whole repair file with the lease — notices, explanations, invoices and receipts

Texas-specific requirements

Texas Property Code §92.052(a): the landlord shall make a diligent effort to repair or remedy a condition if (1) the tenant specifies the condition in a notice to the person to whom or the place where rent is normally paid, (2) the tenant is not delinquent in paying rent when notice is given, and (3) the condition materially affects the physical health or safety of an ordinary tenant, or arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit.
Section 92.052(b): unless the condition was caused by normal wear and tear, the landlord has no duty during the lease term (or a renewal or extension) to repair a condition caused by the tenant, a lawful occupant in the tenant's dwelling, a member of the tenant's family, or a guest or invitee of the tenant.
Section 92.052(c): the subchapter does not require the landlord to furnish utilities from a utility company if the company's utility lines are not reasonably available as a practical matter, or to furnish security guards.
Section 92.052(d): the tenant's notice must be in writing only if the tenant's lease is in writing and requires written notice. Written notice is still the safer practice for both sides, because §92.056 liability turns on proof of notice.
Section 92.056(b): a landlord is liable when the tenant has given the §92.056(b)(1) notice; the condition materially affects health or safety; the tenant has either given a subsequent written notice after a reasonable time or sent the first notice by certified mail, return receipt requested, registered mail, or another trackable mail method; a reasonable time has passed; the landlord has not made a diligent effort; and the tenant was not delinquent in rent when any required notice was given.
Section 92.056(d): in deciding whether a period is a reasonable time to repair, there is a rebuttable presumption that seven days is reasonable. Severity and nature of the condition, and the reasonable availability of materials, labour and utilities, are considered in rebutting it.
Section 92.056(e): a tenant to whom a landlord is liable may terminate the lease, have the condition repaired or remedied and deduct the cost under §92.0561, or obtain judicial remedies under §92.0563. A tenant who terminates instead gets the pro rata refund and deposit treatment in §92.056(f), not the other remedies.
Section 92.0561(b): a repair-and-deduct deduction may not exceed the amount of one month's rent under the lease or $500, whichever is greater, and §92.0561 sets further conditions — including that at least one notice state the tenant's intent to repair, and that repairs be made by an independent company, contractor or repairman.
Section 92.056(g): a lease must contain language in underlined or bold print that informs the tenant of the remedies available under §92.056 and §92.0561. Check your lease form for that language.
Section 92.053: the tenant generally has the burden of proof in a court action over a §92.052 failure — but if the landlord does not provide a written explanation for delay on or before the fifth day after receiving the tenant's written demand for an explanation, the landlord has the burden of proving diligent effort and that a reasonable time did not elapse.
Section 92.331: a landlord may not retaliate against a tenant — including by increasing rent or terminating the lease — within six months after the tenant's protected action, such as giving a repair notice or complaining to a government entity about a code violation, because the tenant took that action.

Statute references are included only where verified for this page. Where a rule depends on your lease or local court, the page says so instead of guessing.

Common mistakes

Ignoring an oral complaint and assuming no duty arose — §92.052(d) requires written tenant notice only when a written lease requires it
Treating every reported condition as covered, without checking the health-or-safety standard and who caused the condition under §92.052(b)
Missing the five-day written-explanation window in §92.053 and taking on the burden of proof by silence
Letting the seven-day presumption in §92.056(d) pass with no documented diligent effort and no written record of why more time was needed
Raising the rent or starting a termination shortly after a repair notice — the fact pattern §92.331's six-month retaliation bar is written for
Using a lease with no underlined or bold repair-remedies language, which §92.056(g) requires

Where landlords get this form

These providers publish Texas-specific landlord forms and document tools, including leases and notices that carry the repair-remedies language Texas requires. We describe them here for comparison; the LawDepot link below is live, and the others will be linked as their partnerships are approved.

Provider	Best described as	What to check before you buy
LawDepot	DIY legal-document builder covering leases, applications and notices, form by form or by subscription. See LawDepot's landlord forms	Whether the Texas version is included in a free trial, subscription, or single-document price.
ezLandlordForms	Landlord-focused forms library built specifically around rentals, screening and state lease packages.	Whether you need a single form or its Texas state package, and what updates are included.
Rocket Lawyer	Document builder bundled with membership options that can include attorney Q&A services.	What the membership includes after any trial, and how cancellation works.
LegalZoom	Well-known legal-services platform, strongest on business formation and broader legal products, with some landlord documents.	Whether the exact landlord form you need is offered for Texas, versus a business product.

Disclosure: LawDepot links on this page are affiliate links — if you buy through them, this site may earn a commission at no extra cost to you. Other providers are listed for comparison and are not yet linked.

Texas Landlord Paperwork Pack — $19

A printable bundle of the Texas checklists and letter templates from this site, organized in the order a small landlord actually uses them: application, lease signing, move-in, late rent, renewal, move-out and deposit return.

Get the Texas Landlord Pack — $19

Sold and delivered by Gumroad (Open Line Press). Instant download: print-ready pack + editable source.

Frequently asked questions

What conditions does a Texas landlord have to repair?: Under §92.052(a), conditions the tenant specifies in a proper notice that materially affect the physical health or safety of an ordinary tenant — and failures to provide and maintain a device supplying hot water of at least 120 degrees Fahrenheit. The tenant must not be delinquent in rent when notice is given.
How long does the landlord have to make the repair?: The statute works on a 'reasonable time' standard, and §92.056(d) sets a rebuttable presumption that seven days is a reasonable time — weighed against the severity of the condition and the availability of materials, labour and utilities.
Can the tenant repair it and deduct the cost from rent?: Only if the landlord is liable under §92.056 and the conditions in §92.0561 are met, including a notice stating the intent to repair. The deduction is capped at one month's rent or $500, whichever is greater, and repairs must generally be made by an independent contractor.
Does the tenant's repair notice have to be in writing?: Under §92.052(d), only if the lease is in writing and requires written notice. But §92.056 liability commonly runs through a second written notice, or a first notice sent by certified or other trackable mail — so written, trackable notice is what builds a record.