How much time do landlords have in Texas to make repairs? Here’s the state law

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Summer is upon us, and the heat in Texas can be unbearable. Last year, North Texas had 53 days with temperatures of 100 degrees or higher. What can you do if the air conditioning in your apartment or rental home breaks down in the middle of a heat wave?

Under Texas law, you are entitled to timely repairs.

“The landlord needs to respond to you, be proactive and involve you in the repair process. If they stop working with you, you can sue them,” said Farwah Raza, a senior attorney with Legal Aid of Northwest Texas. “If they don’t start or complete the repairs, you can sue them and ask for a reduction in rent, terminate your lease or seek money for the damage. It really just depends on your specific case.”

One Reddit user posted his frustration over a family member’s broken air conditioner shortly after moving into an apartment in the middle of the Texas summer: “That was a MONTH ago and the air conditioner is still not fixed. They have sent emails to multiple levels of the company, called maintenance multiple times, and visited the on-site management office with no results.”

Under Texas law, a landlord must make a diligent effort to correct a problem if it “substantially affects the physical health or safety of a normal tenant.” It is proposed that landlords be given a “reasonable” amount of time to make repairs. “Reasonable” is seven days, although the time period can be challenged based on the severity of the problem and the availability of materials and labor to fix it.

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Before the landlord is required to make the repairs, several conditions must be met under Texas Property Code Section 92.052. The rent must be current, the problem must not have been caused by the tenant, and the tenant must notify the landlord.

“As soon as you know a repair is needed, you should put the landlord on notice in writing,” said Perry Pillow of the Fort Worth Apartment Association. “Take pictures and do what you can to document it. Don’t wait.”

Under Texas law, the notice does not have to be in writing unless there is a written lease that requires it, but Raza says having written proof is helpful if the matter goes to court. You can send the notice by certified mail, certified mail, return receipt requested, or any other form of United States Postal Service mail that allows tracking to speed up the repair process.

Raza says some tenants get tired of waiting for the landlord and decide to do the repairs themselves or hire someone else to do it, a solution she does not recommend.

“The law is very specific about this, it has to be someone who is on the yellow lists,” Raza said. “If you hire someone, make sure you get written, signed permission from the landlord. If you don’t, the landlord can sue you for damaging their property.”

After following the notice procedures, Texas law allows a tenant to deduct the cost of repairs from their rent. However, the tenant can only take this action if they notify the landlord of their plan. Raza says some People misunderstand this and think that they can keep the rent.

“WWe don’t encourage people to do that because you can be taken to court and evicted for non-payment. Then you lose your right to repairs because you’re behind on rent,” she said. “You have to be behind on rent to be able to request repairs. Don’t withhold rent or try to make repairs yourself.”