In Texas, how much time do landlords have to make repairs? Here’s what state law says
Summer’s coming and the Texas heat can be brutal. Last year North Texas endured 53 days of at least 100 degrees. If the air conditioner in your apartment or rental house breaks down in the middle of a heat wave, what can you do?
Texas law says you’re entitled to timely repairs.
“The landlord needs to respond to you, be proactive about it and engage you in the repair process. If they stop engaging, you can take them to court,” said Farwah Raza, a supervising attorney with Legal Aid of North West Texas. “If they don’t start the repairs or complete the repairs you can take them to court and ask for rent to be reduced, get your lease terminated, or get money for the damages. It really just depends on your specific case.”
A Reddit user posted their frustration about a family member’s broken air conditioner shortly after moving into an apartment in the middle of a Texas summer: “That was a MONTH ago and the A/C still has not been repaired. They’ve sent emails to several levels of the company, called maintenance multiple times and visited the onsite management office with no results.”
Texas law states that a landlord must make a diligent effort to repair a problem if it “materially affects the physical health or safety of an ordinary tenant.” It suggests giving landlords a “reasonable” amount of time to make the repairs. ‘Reasonable’ is defined as seven days, although it can be challenged based on the severity of the problem and the availability of material and labor to fix it.
A few conditions under Section 92.052 of the Texas Property Code must be met before the landlord is required to make the repairs. Rent must be paid up to date, the issue must not have been caused by the tenant, and the tenant must give the landlord notice.
“As soon as you’re aware of the needed repair you should make the landlord aware by putting in it writing,” said Perry Pillow of the Fort Worth Apartment Association. “Take pictures and do what you can to document it. Don’t wait.”
Texas law says the notice doesn’t have to be in writing unless there is a written lease that says so, but Raza says the written proof will help if the issue is taken to court. You can send the notice via registered mail, certified mail, return receipt requested, or another form of mail that allows tracking of delivery from the United States Postal Service to expedite the repair process.
Raza says some renters get anxious in waiting on the landlord to make the repairs and decide to do it themselves or hire someone else. A resolution she doesn’t suggest.
“The law is very particular about that, it has to be someone in the yellow books,” Raza said. “If you do hire someone make sure you get something from the landlord in writing that’s signed giving you permission. If you don’t, the landlord can take you to court for having caused damage to their property.”
After following the notice procedures, Texas law allows a renter to deduct the cost of repairs from their rent. The renter can only take this action, however, if they inform the landlord of their plan to do so. Raza says some people misunderstand that to mean they can withhold rent.
“We don’t encourage people to do that because you can get taken to court and be evicted for nonpayment. Then you lose your right to the repair remedy because you’re behind on rent,” she said. “You need to be current on rent to be able to make the request for repairs. Don’t withhold rent and don’t try to make repairs yourself.“
This story was originally published May 14, 2024 at 2:47 PM.
