In Texas, a landlord’s obligation for providing a habitable living space is primarily governed by TX Prop. Code § 92.052. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
| Landlord Responsibilities | Hot Water, Smoke Detectors |
| Time Limit for Repairs | 3-14 Days |
| Tenant Recourse Options |
|
Applicable Dwelling Types in Texas
The implied warranty of habitability in Texas does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | No |
| RV parks | Not specifically addressed |
| Mobile home parks | Only if person in mobile home is renter, not owner |
| Condos | Only if person in condo is renter, not owner |
| Hotels/Motels | No |
Additionally, rental agreements are not allowed to include any provisions that waive the tenant’s right to live in a habitable residence.
Landlord Responsibilities in Texas
Landlords in Texas are required by state law to provide some, but not all, of the below amenities. Landlords are also responsible for any of the below if the lease states as such.
Note: always check county and city laws for additional requirements.
| Amenity / Issue | Landlord Responsibility? |
| Hot Water | Yes |
| Air Conditioning / Heating | Not addressed |
| Replacing Light Bulbs | No |
| Plumbing (bathtub/shower, toilet). | Not addressed |
| Garbage Disposal | Not addressed |
| Replacing Carpet | Not addressed |
| Appliances | Not addressed |
| Smoke & CO Detector | Yes |
| Washer & Dryer | Not addressed |
| Mold | Not addressed |
| Pest Infestations | If not caused by tenant, Yes |
As you can see from the chart above, state law doesn’t specifically address landlords’ maintenance requirements—except for providing hot water and smoke detectors. In Texas, a landlord is obligated to repair any condition that affects the tenant’s health or safety unless the tenant or the tenant’s guest(s) have caused the damage through abnormal use.
For additional landlord duties, please check with the city, town, or municipality in which the rental unit is located to determine whether there are other rules and regulations that lay out minimum requirements in other areas.
Hot Water
Landlords in Texas must supply running unheated and heated water. The hot water should be a minimum of 120 degrees Fahrenheit.
Security
In addition to the above requirements, the landlord cannot remove any windows or doors, or locks and latches and hinges for windows and doors, unless it is to repair or replace the item that was removed. In that instance, the repair or replacement must be done “promptly.”
Landlords are also required to provide locks for all exterior doors and latches for all exterior windows.
Repairs, Recourse & Retaliation in Texas
If a rental property is in violation of the implied warranty of habitability in Texas, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
Requesting Repairs in Texas
Texas landlords usually have seven days after proper notice to attempt repairs. When using a service with delivery confirmation (like certified mail), one request is proper notice. Otherwise, proper notice requires a second written request made seven days after the first.
The law may require different response times if renters intend to repair and deduct:
- Sewage backup or flooding requires immediate response.
- Lack of heating or cooling, cutoff of potable water, and some lock issues require response within three days.
- If the landlord gives the tenant an affidavit detailing necessary delays, any waiting period may be extended by 15-30 days.
Renter’s Rights if Repairs Aren’t Made in Texas
Texas renters have the right to repairs for issues they didn’t cause which affect health and safety, unless they’re behind on rent. Depending on the issue and the form of notice, the law requires submitting one or two requests and giving the landlord 3-14 days to fix the issue.
If the landlord does not make timely repairs, the renter can break the lease, repair and deduct from rent, get a court order forcing repairs or reducing rent, or sue for costs and civil penalties. Read More
Landlord Retaliation in Texas
Texas landlords can’t retaliate with raised rent, reduced services, eviction, or bad-faith interference, against a tenant who’s taken one of these actions within the past six months:
- Maintenance requests.
- Good-faith exercise of rights under law or lease.
- Good-faith complaints to nonprofits or government agencies about maintenance.
- Participation in tenant organizations.
There’s an exception for non-retaliatory, good-faith motivations. For example, proportionately increasing rent after increased property taxes isn’t retaliatory.
Tenants can counter retaliation by suing for costs including a penalty of one month’s rent plus $500, plus court and attorney fees. Tenants can also get injunctions compelling repairs or other services.
