If a rental property in Texas fails to meet legally required health and safety standards, tenants have the right to report their landlord to local public officials who may choose to follow up, inspect the property and cite the landlord for such violations.
What Are Considered Unsafe Living Conditions in Texas?
In Texas, living conditions are unsafe when there’s any issue on a rental property which could materially impact the health and safety of an ordinary tenant. In addition, these conditions are unsafe by law:
- Sewage backup.
- Flooding.
- No hot water.
- Utility interruption or cutoff.
- Lack of required door and window locks.
What Should Tenants Do Before Reporting a Violation in Texas?
In most non-emergency situations, before reporting a violation, a tenant in Texas should send the landlord a repair request using a tracking service (like certified mail) and wait 3-7 days after delivery. Tenants can request repairs through other forms, but this requires an additional notice plus waiting another week.
How Can Tenants Report a Violation in Texas?
Tenants in Texas should report violations to the local office or officers responsible for housing code enforcement. The exact process depends on municipality.
| Location | Organization | Contact |
| Houston | Houston 311 | Online Form |
| San Antonio | San Antonio 311 | Online Form |
| Dallas | Dallas City Services | Online Form |
After receiving a complaint, an inspecting officer might contact the tenant for more information. Then the officer will usually inspect the property and cite the landlord for any code violations.
How Can a Tenant Report a Health or Safety Violation in Houston?
A tenant in Houston can report a health or safety violation by calling the Houston 311 service at (713) 837-0311 or using the provided online form. Select your issue and then provide information as requested by the popup chat bot. Most issues will fall under “Nuisance on Property.”
How Can a Tenant Report a Health or Safety Violation in San Antonio?
A tenant in San Antonio can report a health or safety violation by calling the San Antonio 311 service at (210) 207-6000 or using the provided online form. Select your issue and then provide location information and a description of the problem before submitting. Most miscellaneous repair issues fall under “Property Structure Concerns.”
How Can a Tenant Report a Health or Safety Violation in Dallas?
A tenant in Dallas can report a health or safety violation by calling City Services at (214) 670-3111 or using the provided online form. Select location and property type, provide information about the issue, enter contact information, then submit.
What Could Happen to a Landlord After a Complaint Is Made in Texas?
After receiving a complaint, a code enforcement officer in Texas may inspect the property and cite the landlord for violations. If the issue isn’t fixed (usually within 5-30 days), the landlord could receive civil fines. Citations can also be evidence that a landlord isn’t honoring a legal duty to repair.
Sources
- 1 Tex. Prop. Code § 92.0561(d) (2021)
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“Repairs under this section may be made only if all of the following requirements are met: … (3) Any one of the following events has occurred: (A) The landlord has failed to remedy the backup or overflow of raw sewage inside the tenant’s dwelling or the flooding from broken pipes or natural drainage inside the dwelling. (B) The landlord has expressly or impliedly agreed in the lease to furnish potable water to the tenant’s dwelling and the water service to the dwelling has totally ceased. (C) The landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant. (D) The landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the condition materially affects the health or safety of an ordinary tenant.”
Source Link - 2 Tex. Prop. Code § 92.301(a) (2021)
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“A landlord who has expressly or impliedly agreed in the lease to furnish and pay for water, gas, or electric service to the tenant’s dwelling is liable to the tenant if the utility company has cut off utility service to the tenant’s dwelling or has given written notice to the tenant that such utility service is about to be cut off because of the landlord’s nonpayment of the utility bill.”
Source Link - 3 Tex. Prop. Code § 92.164(a) (2021)
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“If a landlord does not comply with Section 92.153 or 92.156(a) regarding installation or rekeying of a security device, the tenant may… serve a written request for compliance on the landlord, and, except as provided by Subsections (b) and (c), if the landlord does not comply on or before the third day after the date the notice is received, unilaterally terminate the lease without court proceedings.”
Source Link - 4 Tex. Prop. Code § 92.165 (2021)
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“If a landlord does not comply with a tenant’s request regarding rekeying, changing, adding, repairing, or replacing a security device under Section 92.156(b), 92.157, or 92.158 in accordance with the time limits and other requirements of this subchapter, the tenant may… unilaterally terminate the lease without court proceedings.”
Source Link - 5 Tex. Prop. Code § 92.052(a) (2021)
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“(a) A landlord shall make a diligent effort to repair or remedy a condition if … the condition: (A) materially affects the physical health or safety of an ordinary tenant; or (B) 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.”
Source Link - 6 Tex. Prop. Code § 92.056(b) & (d) (2021)
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“(b) A landlord is liable to a tenant as provided by this subchapter if: (1) the tenant has given the landlord notice to repair or remedy a condition … sending that notice by certified mail, return receipt requested, by registered mail, or by another form of mail that allows tracking of delivery from the United States Postal Service or a private delivery service; (4) the landlord has had a reasonable time to repair or remedy the condition after the landlord received the tenant’s notice…
“(d) …in determining whether a period of time is a reasonable time to repair or remedy a condition, there is a rebuttable presumption that seven days is a reasonable time.”
Source Link - 7 Tex. Prop. Code § 92.0561(d)(3)(C) & (D) (2021)
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“Repairs under this section may be made only if all of the following requirements are met: … (3) Any one of the following events has occurred: … (C) The landlord has expressly or impliedly agreed in the lease to furnish heating or cooling equipment; the equipment is producing inadequate heat or cooled air; and the landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the lack of heat or cooling materially affects the health or safety of an ordinary tenant. (D) The landlord has been notified in writing by the appropriate local housing, building, or health official or other official having jurisdiction that the condition materially affects the health or safety of an ordinary tenant.”
Source Link
